Investment License Adjustment Service for Foreign Enterprises

The Investment License Adjustment Service for Foreign Enterprises enables investors to update business activity changes. These changes include business lines, investment capital, and project locations. Proper adjustment avoids legal risks. It also facilitates project expansion and development. Professional services help enterprises save time and costs. They also ensure compliance with investment law. Long Phan Consulting Company provides this expert service.

Legal Regulations on Investment License Adjustment for Foreign Enterprises

According to Article 3, Clause 19 of the Investment Law 2020, a foreign enterprise is considered a foreign investor when conducting investment activities in Vietnam. Therefore, when adjusting an investment license, foreign enterprises must comply with regulations applicable to foreign investors. For a smooth adjustment process that does not affect investment activities, foreign enterprises must note these legal provisions on investment license adjustment.

Cases Requiring Adjustment of Investment Licenses for Foreign Enterprises

Adjusting an investment license is a mandatory legal procedure when the content of the Investment Registration Certificate (IRC) changes. According to Article 41 of the Investment Law 2020, foreign investors must perform this procedure when there are changes to the information in the certificate.

Pursuant to Article 41 of the Investment Law 2020, foreign investors must carry out the procedure to adjust the Investment Registration Certificate in the following cases:

• Change in the investment project name.
• Change in investor information.
• Change in the project location or land area used.
• Adjustment of project objectives or scale.
• Change in the project’s investment capital (including contributed capital and mobilized capital).
• Adjustment of the project’s operational duration.
• Change in the project implementation schedule.
• Adjustment of investment incentives or support.
• Change in conditions applicable to the investor.

Notably, investors have the right to adjust objectives, transfer part or all of the project, merge projects, or divide a project into smaller ones. This right also includes using land use rights and assets on land belonging to the investment project to contribute capital for establishing an enterprise or for business cooperation.

If the project has received investment policy approval, the investor must carry out the procedure for approving an adjustment to the investment policy if any of the following cases apply:

• Changing objectives specified in the investment policy approval document or adding objectives subject to investment policy approval.
• Changing the land use scale by more than 10% or over 30 hectares, or changing the investment location.
• Changing the total investment capital by 20% or more, thereby altering the project scale.
• Extending the project implementation schedule by more than 12 months compared to the original schedule.
• Adjusting the project’s operational duration.
• Changing technology that was appraised during the investment policy approval process.
• Changing the investor before the project is operational or commissioned.

Competent Authorities for Resolving Investment License Adjustments for Foreign Enterprises

Correctly identifying the competent authority to resolve investment license adjustments is a key factor for a smooth procedure. According to the Investment Law 2020, this authority is clearly decentralized based on the scale and nature of the investment project.

Pursuant to Article 41, Clause 5 of the Investment Law 2020, the state agency that initially approved the investment policy will have the authority to approve adjustments to the investment policy. However, if the adjustment results in the project falling under the jurisdiction of a higher-level authority, then that higher-level authority will approve the adjustment.

Specifically, competent authorities include:

• Provincial People’s Committee: For investment projects located locally that do not fall under the authority of the National Assembly or the Prime Minister.
• Prime Minister: For projects of national importance and large-scale projects or those of a special nature as stipulated by law.
• National Assembly: For investment projects with significant environmental impact or the potential to seriously affect the environment.
• Management Boards of Industrial Parks, Export Processing Zones, Hi-Tech Parks, Economic Zones: For investment projects within these zones.

According to Article 31 of Decree 31/2021/NĐ-CP, detailed regulations on the sequence, procedures, and necessary dossiers for implementing investment license adjustment procedures at competent authorities are provided. The time limit for resolving this procedure is also specified, typically ranging from 10 to 32 working days, depending on the nature and scale of the adjustment.

Submission of the investment license adjustment dossier can be done directly at the competent authority or through the National Investment Information System. Foreign investors should ensure complete preparation of the dossier as per regulations to avoid requests for supplementation, which can prolong processing time. This is a key aspect of the Investment License Adjustment Service for Foreign Enterprises.

The Necessity of Using an Investment License Adjustment Service for Foreign Enterprises

Investment laws in Vietnam are complex and frequently updated. This presents challenges for foreign enterprises when adjusting investment licenses. Professional consulting services become an effective solution to help investors overcome difficulties.

Using professional consulting services offers many benefits to foreign enterprises:

• Time saving: Consulting units with experience and working relationships with state agencies help shorten procedure implementation time.
• Risk mitigation: Professional consultants are well-versed in legal regulations, helping investors avoid errors that could lead to dossier rejection.
• Optimization of adjustment plans: Consulting units can propose optimal adjustment plans that comply with legal regulations and investor interests.
• Legal updates: Consultants regularly update on changes in investment-related policies and laws.
• Comprehensive support: Consulting services are not limited to investment license adjustment but also support other related issues.

Additionally, consulting units can assist investors in negotiating with relevant parties, including state agencies, business partners, and other stakeholders. This is particularly important when project adjustments impact the rights and obligations of multiple parties.

Investment License Adjustment Service for Foreign Enterprises at Long Phan Consulting Company

Long Phan Consulting Company provides professional services for adjusting investment licenses for foreign enterprises. Specifically:

Scope of the Investment License Adjustment Service for Foreign Enterprises

The service scope of Long Phan Consulting Company includes comprehensive support throughout the investment license adjustment process. Our team of experts, with deep specialization in foreign investment in Vietnam, is ready to provide the following services:

• Consultation on determining adjustment cases: Analyzing and accurately identifying the applicable adjustment case for the enterprise.
• Legal dossier review: Checking the legality of existing documents, ensuring the legitimacy and completeness of the adjustment dossier.
• Adjustment dossier preparation: Preparing all necessary documents as per regulations, including adjustment proposals, project implementation status reports, and other legal documents.
• Representation before state agencies: Acting on behalf of the investor to submit dossiers, monitor processing progress, and work with competent authorities.
• Consultation on resolving issues: Providing solutions for difficulties arising during the investment license adjustment process.
• Support for related procedures: Assisting with accompanying procedures such as registering changes in business registration content, tax registration, and other procedures.

Long Phan Consulting Company commits to delivering optimal solutions tailored to the specifics of each investment project. Our experts have a profound understanding of the practical application of law, helping foreign investors overcome challenges in the investment license adjustment process.

Service Provision Process for Investment License Adjustment for Foreign Enterprises

Long Phan Consulting Company applies a professional and systematic process in providing the Investment License Adjustment Service for Foreign Enterprises. This process is designed to ensure efficiency, transparency, and full compliance with legal requirements.

The service provision process of Long Phan Consulting Company includes the following steps:

• Step 1: Preliminary Consultation and Assessment of Adjustment Needs Our specialists receive information from the investor regarding the content and objectives of adjusting the Investment Registration Certificate. They conduct a preliminary feasibility analysis based on current legal regulations and propose suitable adjustment plans.
• Step 2: Signing the Consulting Service Contract Both parties agree on the scope of work, implementation time, costs, and responsibilities. A service contract is then signed as the basis for work implementation.
• Step 3: Collection and Review of Legal Documents Legal specialists collect dossiers related to the investment project. They review the legality of existing documents and identify content needing supplementation or adjustment.
• Step 4: Drafting and Finalizing the Adjustment Dossier Based on the reviewed documents, the consulting unit drafts the adjustment proposal, project status report, and other necessary documents according to prescribed forms, ensuring completeness and validity.
• Step 5: Dossier Submission and Processing Monitoring We act as authorized representatives to submit dossiers to the competent authority. Specialists monitor progress, promptly coordinating explanations and supplementing documents as required to ensure timely processing.
• Step 6: Receiving Results and Post-Adjustment Guidance Upon receiving the adjustment results, we collect and hand over the new certificate to the investor. We also guide the implementation of related procedures at tax authorities, business registration offices, or specialized agencies.
• Step 7: Post-Service Support and Maintaining Cooperation The consulting unit continues to support investors by answering queries, advising on arising procedures, and maintaining a long-term cooperative relationship during project implementation in Vietnam.

Throughout the process, Long Phan Consulting Company keeps investors updated on progress, ensuring transparency and efficiency. This rigorous process minimizes risks and ensures optimal outcomes for foreign enterprises when adjusting investment licenses in Vietnam.

Contact Information for the Investment License Adjustment Service for Foreign Enterprises

Clients can contact Long Phan Consulting Company through the following channels:

• Head Office Address: TM7 Commercial Lot, Lavita Garden Apartment, 17 Street No. 3, Truong Tho Ward, Thu Duc City, Ho Chi Minh City
• Working Hours: Monday to Saturday – 8:00 AM to 5:30 PM
• Online Consultation Hotline: 1900.63.63.89
• Email: info@longphanpmt.com
• Zalo: 0906.735.386 – Long Phan
• Facebook: Long Phan Investment Consulting and Legal Services LLC

Frequently Asked Questions about the Investment License Adjustment Service for Foreign Enterprises

Below are frequently asked questions regarding the Investment License Adjustment Service for Foreign Enterprises.

In which situations does a foreign company need to change its investment license?

A foreign company must undertake the procedure to change its investment license when there are any alterations to the information registered in the Investment Registration Certificate. Examples include changes to the investment project name, investor details, project location, scale, objectives, investment capital, operational duration, implementation schedule, investment incentives, or conditions applicable to the investor.

If a project has received investment policy approval, which changes necessitate the procedure for approving an adjustment to the investment policy?

The procedure for approving an adjustment to the investment policy is mandatory if there are changes to project objectives, land use scale (exceeding 10% or over 30 hectares), investment location, total investment capital (20% or more affecting scale), schedule extension beyond 12 months, adjustment of operational duration, changes to appraised technology, or a change of investor before project operation.

Which authority is competent to approve investment license adjustments for foreign enterprises?

The state agency that initially approved the investment policy typically has the authority to approve adjustments. Depending on the project’s scale and nature, this authority may belong to the Provincial People’s Committee, the Prime Minister, the National Assembly, or Management Boards of Industrial Parks, Export Processing Zones, Hi-Tech Parks, or Economic Zones.

What is the average time to complete the investment license adjustment procedure?

The processing time for investment license adjustment typically ranges from 10 to 32 working days, depending on the nature and complexity of the changes.

What common legal difficulties arise during the investment license adjustment process?

Common difficulties include incomplete or non-compliant dossiers, failure to follow the correct procedure, not meeting specific adjustment conditions, incorrect identification of the competent authority, delays in financial obligations, adjustment content conflicting with planning, or failure to meet environmental requirements.

Why should foreign enterprises consider using consulting services when adjusting investment licenses?

Using professional consulting services helps enterprises save time, minimize legal risks, optimize adjustment plans, stay updated on legal changes, and receive comprehensive support throughout the procedure.

Which aspects does Long Phan Consulting Company’s service support during the investment license adjustment process?

Long Phan Consulting Company provides consultation on determining adjustment cases, reviewing and drafting legal dossiers, representing clients before state agencies, advising on resolving issues, and supporting other related procedures.

What steps does Long Phan Consulting Company’s investment license adjustment service process include?

The process includes preliminary consultation and needs assessment, service contract signing, document collection and review, dossier drafting and finalization, dossier submission and processing monitoring, result collection and post-adjustment guidance, and post-service support.

How can one contact Long Phan Consulting Company for assistance with investment license adjustment?

Clients can contact Long Phan Consulting Company via the hotline: 1900636389 for detailed consultation on their specific case.

Conclusion

Adjusting an investment license is an important legal procedure requiring strict adherence to regulations. Foreign enterprises should consider using professional consulting services to avoid legal risks and ensure a smooth adjustment process. Long Phan Consulting Company, with its team of experienced experts, is ready to assist clients with all related matters. Contact us immediately via hotline: 1900.63.63.89 for detailed consultation on your specific case and to utilize our professional investment registration service.