Replacing the Investment Certificate: Procedure

Replacing the Investment Certificate is a procedure to ensure the legal documents of a project align with current business operations and legal regulations. This process maintains the project’s legal validity and facilitates management, implementation, and business expansion. This analysis by Long Phan Consulting Company details the procedure for replacing the Investment Certificate under current law.

Conditions for Replacing the Investment Certificate

Investors must meet the condition specified in Decision 701/QĐ-BKHĐT, issued on June 2, 2021. Specifically:

• The investor’s project was granted an Investment License, Certificate of Investment Incentives, Investment Certificate, or equivalent legal document before the Law on Investment 2020 took effect (January 1, 2021). The project is eligible to transition to operate under an Investment Registration Certificate.

Receiving Authority for Dossier Submission

The competent authority to receive the application dossier varies by project location, as stipulated in Decision 701/QĐ-BKHĐT:

• Management Boards of Industrial Parks, Export Processing Zones, High-Tech Parks, and Economic Zones receive dossiers for investment projects located within these zones.
• The Department of Planning and Investment receives dossiers for all other cases (projects located outside the aforementioned zones).

Required Dossier Components

The dossier for replacing the Investment Certificate includes one set of the following documents, according to Decision 701/QĐ-BKHĐT:

• A written request for replacing the Investment Certificate using Form A.I.16, issued with Circular No. 03/2021/TT-BKHĐT.
• A copy of the existing Investment License, Certificate of Investment Incentives, Investment Certificate, or equivalent legal document.

Procedure for Replacing the Investment Certificate

The procedure for replacing the Investment Certificate consists of two steps as per Decision 701/QĐ-BKHĐT:

• Step 1: The investor submits the complete dossier to the corresponding Department of Planning and Investment or the Management Board of the industrial park, export processing zone, high-tech park, or economic zone.
• Step 2: The receiving authority issues the new Investment Registration Certificate to the investor.

>>> See more at: Cases where it is necessary to adjust the investment registration certificate

Services at Long Phan Consulting Company

Long Phan Consulting Company provides professional services for replacing the Investment Certificate, ensuring a precise, swift, and legally compliant process. Our support includes:

• Advise and identify the correct competent authority for dossier submission.
• Prepare and complete the application dossier according to legal standards.
• Represent the client to submit the dossier and work directly with the competent authority.
• Monitor the dossier processing status and resolve any issues or deficiencies that arise.
• Receive the final Investment Registration Certificate and deliver it to the client.

Frequently Asked Questions about the Procedure

Processing Time

The processing time for replacing the Investment Certificate is 03 working days from the date of receiving a valid dossier, as per Decision 701/QĐ-BKHĐT.

Government Fees

There are no government fees for this procedure.

Dossier Submission Methods

Investors can submit the dossier through one of two methods, according to Decision 701/QĐ-BKHĐT:

• Direct submission at the office of the Department of Planning and Investment or the relevant Management Board.
• Submission via public postal service.

Authorization for the Procedure

Investors can authorize another individual to carry out the procedure. This requires a notarized Power of Attorney or Authorization Contract, in accordance with Article 138 of the Civil Code 2015. The authorized person will act on behalf of the investor within the scope of the authorization when working with the state agency.

For professional assistance with replacing the Investment Certificate, contact Long Phan Consulting Company at hotline 1900636389 for a free consultation and effective procedural support.