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DO INVESTMENT CERTIFICATES HAVE TO BE ADJUSTED WHEN ADDING TRADES?

According to the provisions of Clause 11 Article 3 of the Law on Investment 2020, an Investment Registration Certificate is an official document issued to investors to record information related to investment projects. The certificate can be provided in paper or electronic form, depending on the specific preferences and requirements of the investor.

– If requested by the investor, the Investment Registration Certificate can be issued in written form. This paper copy will be printed and certified by the competent investment registration agency.

– If the investor chooses this method, the Investment Registration Certificate will be provided in the form of an electronic document. This electronic copy has legal validity and is issued by the investment registration authority, ensuring confidentiality and transparency of information.

– The investment registration certificate, whether paper or electronic, will fully record important information about the investment project. This information includes:

  • Name of investor and contact information.
  • Information about the investment project, including purpose, scale, investment capital, implementation location, and other relevant factors.

– Both paper and electronic copies have equivalent legal validity and are accepted in legal transactions related to investment projects.

– In the case of electronic copies, the investment registration authority will ensure information safety and confidentiality, prevent unexpected modifications and ensure the integrity of registration data.

2. Do investment certificates have to be adjusted when adding trades?

According to Clause 2, Article 41 of the Law on Investment 2020, investors will carry out procedures for adjustment of the Investment Registration Certificate in case the adjustment of the investment project changes the contents of the Investment Registration Certificate.

The contents of the Investment Registration Certificate are specified in Article 20 of the Investment Law 2020, including:

– Name of the investment project.

– Investors.

– Investment project number.

– Location of the investment project, land area used.

– Objectives and scale of investment projects.

– Investment capital of investment projects (including contributed capital of investors and mobilized capital).

– Operation duration of the investment project.

– Progress of investment projects, including:

  • Progress of capital contribution and mobilization of capital sources.
  • The progress of the implementation of the main operational objectives of the investment project, in case the investment project is divided into phases, the implementation progress of each phase must be prescribed.

– Forms of investment incentives and support and grounds and conditions for application (if any).

– Conditions for investors to implement investment projects (if any).

Pursuant to Clause 2, Article 41 of the Law on Investment 2020, investors shall carry out procedures for adjustment of the Investment Registration Certificate in case the adjustment of an investment project changes the contents of the Investment Registration Certificate. Thus, in case the addition of business lines does not change the objectives of the investment project specified in the Investment Registration Certificate, the enterprise is not required to carry out procedures for adjustment of the Investment Registration Certificate in accordance with the provisions of law.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for  Investment certificates

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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