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The requirement to adjust investment projects using land use rights and assets attached to land for business cooperation constitutes a vital legal procedure for investors optimizing asset utilization. This administrative process ensures alignment with development orientations and compliance with current regulations while clarifying rights and obligations in business cooperation contracts (BCC). Long Phan Consulting Company analyzes the specific procedures based on the latest legal frameworks below.
Investors intending to adjust investment projects involving land use rights for business cooperation must satisfy conditions stipulated in Subsection 3, Section B of the Appendix to Decision No. 3532/QĐ-BTC (October 17, 2025). The specific requirements include:
Project Status: The project possesses an Investment Policy Approval under the authority of the Prime Minister.
Adjustment Scope: The modification falls into one of the following categories:
Changing objectives specified in the Investment Policy Approval.
Adding objectives requiring Investment Policy Approval.
Changing land use scale by over 10% or exceeding 30 hectares.
Changing investment location.
Altering total investment capital by 20% or more, affecting project scale.
Extending project implementation schedules by more than 12 months compared to the initial approval.
Adjusting the project operation duration.
Changing appraised technologies.
Changing investors or investor conditions before project operation.
Legal Compliance:
Compliance with Land Law regarding rights and obligations of land users and asset owners.
Adherence to Housing Law, Law on Real Estate Business, and Law on Management and Use of Public Assets.
Fulfillment of financial obligations to the State.
Compliance with conditions for capital contribution and share purchase by foreign investors (Article 24, Law on Investment; Articles 15-17, Decree 31/2021/NĐ-CP).
Subsection 3, Section B of the Appendix to Decision No. 3532/QĐ-BTC delineates the jurisdiction for processing requests to adjust investment projects.
Submission and Appraisal:
Management Boards of Industrial Zones, Export Processing Zones, High-Tech Zones, and Economic Zones: Handle projects located within these specific zones.
Department of Finance: Handles projects located outside the aforementioned zones.
Final Approval: The Provincial People’s Committee issues the decision to approve the adjustment of the investment policy.
The procedure for adjusting investment projects when using land use rights and assets attached to land under the investment project for business cooperation is stipulated in Sub-item 3, Section B of the Appendix on amendments and supplements to certain contents in Appendix I and Appendix II attached to Decision No. 3154/QĐ-BTC dated September 10, 2025, issued together with Decision No. 3532/QĐ-BTC. Accordingly:
Investors must prepare one (01) complete dossier set containing the following documents:
Written request for project adjustment (Form A.I.11.g, Circular 03/2021/TT-BKHĐT).
Report on project implementation status up to the time of business cooperation (Form A.I.12, Circular 03/2021/TT-BKHĐT).
Copy of the Business Cooperation Contract (BCC).
Copies of documents proving the legal status of parties involved in the cooperation.
Copy of the Investment Registration Certificate or Decision on Investment Policy Approval.
Copy of land use right certificates (e.g., Certificate of Land Use Rights, ownership of houses and other assets attached to land).
Financial capacity documents: Financial statements for the last 02 years, parent company guarantees, or financial institution commitments.
>>> See more at: Investment Project Adjustment Procedure Guide
The procedure to adjust investment projects follows a strict five-step timeline:
Step 1: The investor submits the dossier to the Department of Finance or the relevant Management Board.
Step 2: Within 02 days of receiving a valid dossier, the receiving agency forwards documents to relevant state agencies for opinions.
Step 3: Within 07 days, queried agencies provide opinions on content within their state management scope.
Step 4: Within 14 days of receipt, the Department of Finance or Management Board prepares an appraisal report and submits it to the Provincial People’s Committee.
Step 5: Within 03 days of receiving the appraisal report, the Provincial People’s Committee issues the decision approving the investment policy adjustment.
>>> See more at: Procedure for Investment Project Adjustment
Long Phan Consulting Company provides comprehensive solutions to assist enterprises in executing the procedure to adjust investment projects. Our services ensure accuracy and legal compliance.
Strategic Analysis: Review existing project dossiers and assess the compatibility of business cooperation plans with land use planning.
Risk Assessment: Identify potential legal risks regarding the transition of land use rights and asset utilization.
Document Preparation: Draft specific forms (A.I.11.g, A.I.12) and review financial documents to meet statutory requirements.
Administrative Representation: Submit dossiers to the Department of Finance or Management Boards and monitor processing status.
Explanation and Defense: Handle inquiries from state agencies and provide necessary explanations during the appraisal phase.
The total processing time is 17 days from the date the competent authority receives a valid dossier (Decision 3532/QĐ-BTC).
No. The procedure to adjust investment projects utilizing land rights for business cooperation incurs no state fees.
Yes. Investors may submit dossiers via the National Public Service Portal.
Investors must submit one set of physical documents accompanied by an electronic version of the dossier.
Compliance with legal regulations lays a solid foundation for sustainable business operations and minimizes the risk of disputes. Long Phan Consulting is committed to providing optimal legal solutions, supporting our valued clients in completing documents and procedures accurately and promptly. If you require specialized assistance on this matter, please contact us immediately at Hotline 1900636389 for swift support!
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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