During the investment and project implementation process in Vietnam, changes or adjustments to an investment project are often inevitable. These may arise from shifts in market conditions, legal regulations, internal resources, or long-term development strategies. APEX PARTNERS offers a comprehensive service for registering changes or adjustments to investment projects, helping investors complete procedures swiftly, lawfully, and effectively—ensuring stable operations and sustainable growth in Vietnam.

When Is an Investment Project Adjustment Required?

According to the 2020 Law on Investment, investors must register for project adjustment in the following cases:

• Changing the project name, investor, or project location.
• Modifying project scale, investment capital, implementation schedule, or investment objectives.
• Altering capital contribution methods, shareholders, or company members related to the project.
• Adding or changing business lines, especially the main business activity.
• Adjusting the project’s duration or investment incentive policies.

Depending on the extent and nature of the adjustment, investors may be required to follow one of two procedures: registering an amendment to the Investment Registration Certificate or submitting a new application for reissuance of the Investment Certificate**.

Legal Consequences of Failing to Register Investment Project Adjustments

Failure to register changes or adjustments to an investment project in accordance with legal regulations may result in several serious legal consequences, including:

• Administrative penalties: Fines can reach hundreds of millions of VND depending on the severity of the violation.
• Ineligibility for subsequent procedures: For example, applications to increase capital, change the project location, or dissolve the company may be rejected.
• Project suspension or revocation of the investment license.
• Loss of eligibility for new investment incentives.

Therefore, understanding the legal process and complying with the required procedures is essential to ensure the legality and stability of investment activities.

Procedure for Registering Investment Project Adjustments

Depending on the nature of the changes, the adjustment process may involve the following steps:

Step 1: Identify the Scope of Adjustments

Clearly define which elements need to be adjusted, such as the project name, objectives, scale, implementation timeline, location, total investment capital, or investor information.

Step 2: Prepare the Documentation

Typical documents include:

• Written request for project adjustment.
• Report on the implementation status of the project.
• Current Investment Registration Certificate.
• Legal documents of the investor (if changes occur).
• Investor’s resolution or decision regarding the adjustment.
• Financial capacity documents (if increasing capital).

Step 3: Submit the Application to the Department of Planning and Investment (DPI)

Submit the dossier to the DPI where the company is headquartered, or to the Management Board of the Industrial Zone if the project is located within one. The processing time is approximately 10 working days.

Step 4: Receive the Result

If the application is valid, the investor will receive either an amended Investment Registration Certificate or a decision approving the adjustment to the investment policy, depending on the specific case.

Important Notes When Adjusting Investment Projects

• No arbitrary adjustments: All changes must comply with legal regulations and align with local planning policies.
• Update relevant authorities: Tax, insurance, and banking agencies must be notified after the change.
• Careful planning required: Adjustments should be carefully considered to avoid disrupting project progress and business operations.
• Sector-specific permits: If the adjustment involves land, construction, or the environment, additional sector-specific permits may be required.

Additional Supporting Services

In addition to the Investment Project Adjustment Registration Service, APEX PARTNERS also offers a range of legal support services to assist investors, including:

• Amending the content of the Enterprise Registration Certificate.
• Updating information of the legal representative.
• Consulting on corporate restructuring, capital transfer, mergers and acquisitions.
• Resolving issues related to the Law on Investment, Law on Enterprises, and Land Law.

By handling all procedures in a synchronized and coordinated manner, APEX PARTNERS helps investors save costs, reduce processing time, and minimize legal risks.

Conclusion

Adjusting an investment project is a critical step that helps businesses adapt to change and improve operational efficiency. However, without a solid understanding of the law and procedures, investors may face unnecessary risks.

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