The procedure for the adjustment of the project location in the Investment Registration Certificate

How to adjust the location of the investment project?

1. Applications for the adjustment of the project location in the Investment Registration Certificate 

The number of applications: 

• Investment guidelines subject to the approval of the Prime Minister: 08 sets.

• Investment guidelines subject to the approval of the Provincial People’s Committees: 04 sets.

• Investment guidelines subject to the approval of the industrial zone, export-processing zone, hi-tech zone and economic zone management boards: 04 sets.

• Investment guidelines not subject to any approval: 01 set.

Related regulatory agencies:

• Investment guidelines subject to the approval of the Prime Minister: Ministry of Planning and Investment. 

• Investment guidelines subject to the approval of the Provincial People’s Committee: Investment Registration Authority.

• Investment guidelines subject to the approval of the industrial zone, export-processing zone, hi-tech zone and economic zone management boards: the industrial zone, export-processing zone, hi-tech zone and economic zone Management Boards

• Investment guidelines not subject to any approval: Investment Registration Authority.

List of applications: 

• An application form for the adjustment of the investment project.

• Report on the implementation of the investment project up to the time of the adjustment.

• The investor’s decision on the investment project adjustment if the investor is an organization.

• Explanation or documents relating to the adjustment of the contents: 

• Report and document(s) proving the capital contribution.

• The investor’s financial statements for the last two years.

• A copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project (If the project does not require the State to allocate or lease out land or to permit land repurposing).

• Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with regulations of law (if any).

2. The procedure for the adjustment of the project location in the Investment Registration Certificate

The procedure for investment guidelines approved by the Prime Minister

• Within 03 working days from the receipt of the valid applications, the Ministry of Planning and Investment shall send them to competent authorities as prescribed to seek their opinions about the adjustment of the project location.

• Within 15 days from the receipt of the valid applications, the enquired authorities shall give their opinions about the adjustment of the project location under their state management.

• Within 35 days from the receipt of the valid applications, the Ministry of Planning and Investment shall prepare an appraisal report on the adjustment of the project location for submission to the Prime Minister.

• Within 05 working days from the receipt of the appraisal report of the Ministry of Planning and Investment, the Prime Minister shall decide to approve adjustment of the investment guidelines. The decision on approval for adjustment of the investment guidelines shall be sent to the Ministry of Planning and Investment, investment registration authority, investor, other Ministries and agencies related to execution of the investment project, and the investor approving authority (if any)

The procedure for investment guidelines approved by the Provincial People’s Committees

• Within 03 working days from the receipt of the valid applications, the investment registration authority shall send them to competent authorities to seek their opinions about the adjustment of the project location.

• Within 15 days from the receipt of the valid applications, the enquired authorities shall give their opinions about the adjustment of the project location under their state management.

• Within 25 days from the receipt of the valid applications, the investment registration authority shall prepare an appraisal report on the adjustment of the project location for submission to the provincial People’s Committee.

• Within 07 working days from the receipt of the applications and appraisal report of the investment registration authority, the provincial People’s Committee shall decide to approve adjustment of the investment guidelines. The decision on approval for adjustment of the investment guidelines shall be sent to the investment registration authority and investor, the investor approving authority in the case of investor approval as prescribed in Clause 3 Article 29 of the Law on Investment, Departments and agencies related to execution of the investment project.

The procedure for investment guidelines approved by the industrial zone, export-processing zone, hi-tech zone and economic zone management boards

• Within 03 working days from the receipt of the valid applications, the industrial park, export-processing zone, hi-tech zone or economic zone management board shall send them to competent authorities to seek their opinions about the adjustment of the project location.

• Within 15 days from the receipt of the valid applications, the enquired authorities shall give their opinions about the adjustment of the project location under their state management. 

• Within 25 days from the receipt of the valid applications, the industrial park, export-processing zone, hi-tech zone or economic zone management board shall decide to approve adjustment of the investment guidelines. The decision on approval for adjustment of the investment guidelines shall be sent to the investor and agencies related to execution of the investment project.

The procedure for investment guidelines not subject to any approval 

Within 10 days from the receipt of the valid application, the investment registration authority shall adjust the investment registration certificate.

3. Legal basis

- Law on Investment No. 61/2020/QH14 of the National Assembly on June 17, 2020

- Decree No. 31/2021/ND-CP of the Government on March 26, 2021, Elaboration of some articles of the law on investment