Instructions on procedures for adjusting investment projects in detail

Article overview

Adjusting investment projects helps investors promptly optimize resources and manage risks, to meet new market and legal requirements. This process not only increases project flexibility but also ensures progress and investment capital efficiency. For investors, project adjustment is an important step to increase profits, maintain competitive advantage and achieve sustainable business goals.

Procedures for adjusting investment projects according to regulations
Procedures for adjusting investment projects according to regulations

When do investors need to carry out procedures for adjusting investment projects?

According to regulations from Clauses 1 to 4, Article 41 of the Law on Investment 2020, investors need to carry out procedures for adjusting investment projects in the following cases:

  • Changing the content of the Investment Registration Certificate: If project adjustments lead to changes in the content of this Certificate.
  • Changing project goals: When the investor changes the goals specified in the investment policy approval document or adds new goals.
  • Change in scale of land use area: If there is a change of over 10% of the land use area or over 30 hectares, or a change in investment location.
  • Change in total investment capital: When the total investment capital changes by 20% or more, changing the project scale.
  • Extend project implementation progress: If the total investment time exceeds 12 months compared to the schedule specified in the approval document.
  • Adjust the operating term: If it is necessary to adjust the operating term of the investment project.
  • Technology change: When there is a technology change that has been assessed during the approval process.
  • Change of investor: If there is a change of investor in the approved investment project.

In addition, investors are not allowed to adjust the project implementation schedule by more than 24 months compared to the prescribed schedule, except in special cases such as overcoming force majeure consequences, delayed land delivery, requests from state management agencies, or changes in planning.

When is it necessary to carry out investment project adjustment procedures?
When is it necessary to carry out investment project adjustment procedures?

Competent authority issues decision to adjust investment project

Depending on the scale, type and nature of the project, the authority to decide to adjust the investment project will be one of the following agencies:

  • Prime Minister;
  • Provincial People’s Committee;
  • Industrial Park and Export Processing Zone Management Board.

Procedures for adjusting investment projects

Profile components

Case 1: For investment projects under the authority to approve investment policies.

Pursuant to Clause 1, Article 44 of Decree 31/2021/ND-CP, documents that need to be prepared to adjust investment projects include:

  • Document requesting adjustment of investment project;
  • Report on the implementation of investment projects up to the time of adjustment;
  • Investor’s decision on adjusting investment projects for institutional investors;
  • Explain or provide documents related to the adjustment (if any).

Case 2: Adjusting an investment project that has been granted an Investment Registration Certificate and is not subject to approval to adjust investment policies.

Pursuant to Article 47 of Decree 31/2021/ND-CP, the dossier components include:

For investment project adjustments related to changing the investment project name and investor name in the Investment Registration Certificate:

  • Document requesting adjustment of investment project;
  • Documents related to changing the name of the investment project and the name of the investor.

Regarding investment adjustments, it does not fall into the above cases.

  • Document requesting adjustment of investment project;
  • Report on the implementation of investment projects up to the time of adjustment;
  • Investor’s decision on adjusting investment projects for institutional investors;
  • Explain or provide documents related to the adjustment (if any).

Implementation process

Case 1: For investment projects under the authority to approve investment policies

Step 1: Submit application
For projects approved for investment by the Prime Minister: submit 08 sets of documents to the Ministry of Planning and Investment.

For projects approved for investment by the Provincial People’s Committee: submit 04 sets of documents to the Ministry of Planning and Investment.

For investment projects subject to investment approval of the Management Board of industrial parks and export processing zones: submit 04 sets of documents to the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones.

Step 2: Get opinions from relevant authorities

Within 03 days from the date of receipt of valid dossier, the receiving agency sends the dossier to the competent authority for comments on the contents of investment project adjustments.

Step 3: Opinions on project adjustment content

Within 15 days from the date of receiving the valid dossier, the consulted agencies will have opinions on the content of adjusting the project within the scope of state management of that agency.

Step 4: Prepare an appraisal report

  • For projects approved for investment by the Prime Minister: Within 35 days from the date of receiving valid documents, the Ministry of Planning and Investment prepares a project adjustment report to submit to the Prime Minister;
  • For investment projects approved by the Provincial People’s Committee: within 25 days from the date of receiving valid documents, the Investment Registration Agency shall prepare a report on investment project adjustment to submit to the Provincial People’s Committee.
  • For investment projects subject to investment approval of the Management Board of industrial parks and export processing zones: Within 25 days from the date of receiving valid documents, the Management Board of industrial parks, export processing zones, and industrial parks high technology, the economic zone decided to approve the investment policy adjustment. The decision approving the investment policy adjustment is sent to investors and agencies related to the implementation of the investment project.

Step 5: Decide to approve investment project adjustments

  • For projects approved for investment by the Prime Minister: Within 05 working days from the date of receipt of the appraisal report of the Ministry of Planning and Investment, the Prime Minister shall decide to approve the adjustment of the investment policy.
  • For projects approved for investment by the Provincial People’s Committee: within 07 working days from the date of receiving the documents and appraisal report from the Investment Registration Authority, the Provincial People’s Committee decides to approve adjusted investment policy.

Case 2: Adjusting an investment project that has been granted an Investment Registration Certificate and is not subject to approval to adjust investment policies

For investment project adjustments related to changing the investment project name and investor name in the Investment Registration Certificate.

Within 03 working days from the date of receiving the written request to adjust the Investment Registration Certificate, the Investment Registration Authority shall adjust the Investment Registration Certificate for the investor.

Regarding investment adjustments, it does not fall into the above cases.

Within 10 days from the date of receipt of valid documents, the Investment Registration Authority will adjust the Investment Registration Certificate for the investor.

Steps to adjust investment projects
Steps to adjust investment projects

Consulting services and guidance to quickly adjust investment projects

Long Phan provides consulting services and guidance on adjusting investment projects as follows:

  • Consulting on cases of investment project adjustments;
  • Advise competent authorities on approval of investment project adjustments;
  • Consulting and support in preparing and adjusting investment projects;
  • Instructions on the order and procedures for adjusting investment projects;
  • Answering questions and difficulties in the process of adjusting and accepting investment projects.

Long Phan provides quality services, ensuring all procedures are carried out quickly and accurately. Please contact Long Phan immediately via the hotline: 0906735386 for consulting support and detailed guidance on procedures for adjusting investment projects quickly, and effectively. Long Phan always accompanies you in every step of the project!