Adjusting Business Licenses for economic organizations with foreign investment capital

Adjusting Business Licenses for economic organizations with foreign investment capital is a necessary step for foreign businesses to operate effectively and legally in Vietnam. Adjusting the license helps the organization expand its scale, change its field of operation or adjust business conditions in accordance with its development strategy. At the same time, this process helps businesses maintain compliance with legal regulations, thereby strengthening their reputation and sustainable development.

When must an economic organization with foreign investment capital adjust its Business License?

Pursuant to Article 14 of Decree 09/2018/ND-CP, economic organizations with foreign investment capital must adjust their Business License when there is a change in one of the contents specified in Clause 1, Article 11 of this Decree, specifically could be:

• Name, business code, head office address and legal representative;
• Owners, capital contributing members, founding shareholders;
• Goods distributed;
• Activities directly related to buying and selling goods;
• Other content.

Procedures for adjusting Business Licenses for economic organizations with foreign investment capital

Profile components

Pursuant to Article 15 of Decree 09/2018/ND-CP, dossiers to adjust Business Licenses for economic organizations with foreign investment include:

1. Application for adjustment accordingly Model number 02.

2. Copy of Business Registration Certificate (if there is any change according to Point a, Clause 1, Article 11, except for moving the headquarters location).

3. If there are changes according to Points b, c, d, dd, Clause 1, Article 11, it is necessary to supplement:

• Explanation of licensing conditions.
• Business plan: describes operations, market development, labor needs, and socio-economic impact assessment.
• Financial plan: audited financial statements, explanation of capital and capital mobilization plan.
• Business and financial situation of the organization.

4. Documents proving no overdue tax debt from the tax authority.

5. Copies of relevant certificates (business registration, project investment registration if any).

Competent authority

Pursuant to Clause 1, Article 8, Clause 1, Article 13, Clause 2, Article 16 of Decree 09/2018/ND-CP, the agency competent to adjust Business Licenses for economic organizations with foreign investment capital is the Department of Industry and Trade where foreign-invested economic organizations have their headquarters.

Implementation steps

Pursuant to Article 13 and Article 16 of Decree 09/2018/ND-CP, the procedure for adjusting Business Licenses for economic organizations with foreign investment includes the following steps:

Step 1: Submit a request to amend the Business License.

Step 2: Within 03 working days from the date of receiving the dossier, the Licensing Agency shall check and request amendments and supplements if the dossier is not complete and valid.

Step 3: Within 10 working days from the date of receipt of a complete and valid application, the Licensing Agency shall check whether the corresponding conditions specified in Article 9 of this Decree are met.

1. In case the conditions are not met, the Licensing Agency will respond in writing and clearly state the reason;
2. In case the conditions are met

• The Licensing agency issues a Business License to carry out the activities specified in Point a, Clause 1, Article 5 of this Decree; In case of refusal to grant a permit, there must be a written response clearly stating the reason;
• The Licensing agency sends the dossier together with a document to seek opinions from the Ministry of Industry and Trade and industry management ministries according to the provisions of Point a or b, Clause 3, Article 8 of this Decree (Form No. 09 in the Appendix issued with the Decree).

Step 4: The Ministry of Industry and Trade and industry management ministries will review and issue written approval within 15 days. If refused, the reason must be clearly stated.

Step 5: Within 03 working days from receipt of written approval, the Licensing agency will issue a new Business License. If refused, the agency will notify the reason.

Step 6: Within 05 working days after receiving the new License, the organization must return the old License to the License issuing agency.

The time limit for resolving procedures to adjust Business Licenses for economic organizations with foreign investment capital

The time limit for resolving procedures for adjusting Business Licenses for economic organizations with foreign investment capital is 10 working days from the date of issuance of the Certificate of Business Registration recording the adjusted content, based on Clause 1, Article 16. Decree 09/2018/ND-CP.

Consulting services and support for adjusting Business Licenses for economic organizations with foreign investment capital

Long Phan’s consulting and support services for adjusting Business Licenses for foreign-invested economic organizations help customers quickly comply with Vietnamese legal regulations. Specific services we provide include:

• Consulting on legal regulations related to adjusting Business Licenses.
• Support customers in preparing and completing necessary documents according to regulations.
• Evaluate documents before submitting to ensure completeness and validity.
• Support customers in submitting documents to competent authorities, including doing so via online public services.
• Provide information about application processing progress and notify customers of results.
• Support customers in handling requests for additional or editing documents from licensing agencies.
• Help customers build business and financial plans in accordance with the requirements of authorities.
• Provide information on other procedures related to adjusting the Business License.
• Advice on steps to take if the License is refused and instructions on how to fix it.

Adjusting a Business License for a foreign-invested economic organization is an important process, requiring accuracy and strict compliance with legal regulations. Consulting and support services not only help simplify this process but also ensure that the organization can conduct business activities legally and effectively. If you have any questions or need in-depth advice, please contact via Hotline: 0906735386.