Welcome to Van Phuc Loc Law Firm – your trusted legal partner in Investment Registration Certificate (IRC) adjustments. We take pride in delivering high-quality services that help your business complete legal procedures and optimize business opportunities.
With over 15 years of experience, Van Phuc Loc Law Firm is proud to have provided investment registration certificate adjustment services to more than 560 foreign-invested enterprises across Vietnam.
For the service of amending the Investment Registration Certificate (“IRC”), VPL will assist the Client with the following tasks:
VPL provides legal advice, risk analysis, and proposed solutions regarding amendments to the IRC, including but not limited to: change of project location, adjustment of total investment capital, adjustment of contributed capital for project implementation, extension of capital contribution schedule, etc.
VPL’s team of experienced lawyers and legal specialists will draft and prepare all necessary legal documents for the IRC amendment dossier, including:
(1) Application for amendment of the investment project;
(2) Investor’s Resolution/Decision;
(3) Report on the implementation status of the project;
(4) Explanatory statement on the proposed amendments;
(5) Power of Attorney authorizing VPL to represent the Investor in carrying out the procedures.
Thoroughly review the dossier to ensure absolute accuracy of information and compliance with the provisions of Decree No. 31/2021/ND-CP and other relevant guiding regulations.
VPL’s lawyers and legal specialists will represent the Investor in filing the IRC amendment dossier with the competent authorities, specifically:
(1) Department of Planning and Investment (DPI) where the project site is located outside of an Industrial Park/Economic Zone/High-Tech Park;
(2) Management Board of Industrial Parks/Economic Zones/High-Tech Parks where the project site is located inside such zones.
In the event that the IRC amendments lead to changes in the information stated in the ERC, VPL will prepare and submit the application for amendment of the ERC to the Business Registration Office of the Department of Planning and Investment where the enterprise’s head office is located.
VPL’s team will closely monitor the processing progress, work directly with the competent state authorities, and provide explanations or supplemental documents as necessary to ensure prompt approval of the dossier.
VPL will receive the amended IRC and ERC (if applicable) and deliver them directly to the Client.
VPL provides legal advice and guidance on the necessary post-amendment procedures to ensure the enterprise’s operations remain in full compliance with applicable laws.
VPL will analyze and identify the necessary adjustments to the enterprise’s Investment Registration Certificate, ensuring that such adjustments align with the enterprise’s needs and comply with applicable laws.
VPL will provide the enterprise with a service quotation. Upon agreement, both parties will enter into a service contract. At the same time, VPL will guide the enterprise in preparing the required documents.
VPL will draft and prepare the necessary documents for adjusting the Investment Registration Certificate. Our lawyers ensure the process is smooth and efficient.
VPL will represent the enterprise in submitting and obtaining the adjusted Investment Registration Certificate, ensuring compliance with legal procedures and achieving the best possible outcome.
VPL will hand over the Investment Registration Certificate and VAT invoice. At the same time, both parties will execute the liquidation of the service contract.
For many years, VPL has provided us with legal services. In particular, VPL is a leading firm in consulting and handling procedures for adjusting our investment registration certificate, including adding investors, increasing investment capital, and adjusting project objectives.
We have always trusted VPL to handle the adjustment of investment certificates for our six factories in Tan Binh Industrial Park, Ho Chi Minh City. Their services are consistently meticulous and completed promptly.
I would like to praise VPL’s consultants for their dedication, prompt problem-solving, and timely delivery of results.
We are very satisfied with VPL’s investment legal advisory services. Their team is professional, responsive, and provides clear, practical solutions, helping our project proceed smoothly and in full legal compliance.
We thank VPL for providing investment registration certificate adjustment services for our project in Ho Chi Minh City.
Our company has always trusted VPL to provide consultancy and act as our authorized representative for each adjustment of the investment registration certificate for our factory in My Phuoc 3 Industrial Park, Ho Chi Minh City.
According to Clause 2, Article 41 of the 2020 Law on Investment, investors shall carry out procedures for modification of investment registration certificates if the adjustment of investment projects results in change of the contents of the investment registration certificates, including:
Accordingly, an investor must carry out procedures to adjust the Investment Registration Certificate whenever changes to the project affect any of the above contents.
Below are some examples of cases requiring adjustment of the Investment Registration Certificate:
Step 1: The investor prepares the application dossier for adjusting the Investment Registration Certificate together with the required supporting documents.
Step 2: The investor submits one set of the application dossier for adjustment of the Investment Registration Certificate, including all document components as required by law, corresponding to the contents to be adjusted, to the investment registration authority.
Step 3: If the dossier contains errors, the investor must amend or supplement the information as requested by the competent authority (if any).
Step 4: Obtain the adjusted Investment Registration Certificate.
If the application dossier is valid and meets the statutory requirements, the investment registration authority will issue the adjusted Investment Registration Certificate to the investor within 15 days from the date of receipt of the valid dossier.
Adjusting the Investment Registration Certificate does not incur any official fees payable to the competent authority.
The application for adjusting the Investment Registration Certificate can be submitted directly, via postal service, or online for procedures where the competent authority allows online submission.
When adjusting the Investment Registration Certificate, investors should pay close attention to issues such as the competent authority, adjustment timeline, adjustment content, required documents, and administrative violations as prescribed by law.
According to Point b, Clause 2, Article 17 of Decree 122/2021/ND-CP, investors shall be fined from VND 70,000,000 to VND 100,000,000 for failing to carry out procedures to adjust the Investment Registration Certificate in cases where the adjustment of the investment project changes any content of the investment registration certificate.
According to Point c, Clause 2, Article 19, investors shall be fined from VND 70,000,000 to VND 100,000,000 for suspending an investment project for a total period of more than 12 months.
According to Point a, Clause 2, Article 19, investors shall be fined from VND 70,000,000 to VND 100,000,000 for failing to comply with the contents specified in the Investment Registration Certificate.
Adjusting the Investment Registration Certificate is a complicated procedure that can pose various challenges for investors. Below are some of the most common difficulties that investors encounter when adjusting the IRC:
Adjusting the IRC involves multiple legal regulations, such as the Law on Investment, Law on Enterprises, regulations on business lines, Land Law, Environmental Protection Law, Fire Prevention and Fighting regulations, Construction Law, etc. If you are not a legal specialist, it may result in errors in the procedure.
By law, the adjustment of the IRC should take 15 working days. However, if the application contains errors, corrections and supplements will be required; in many cases, documents must be sent to the headquarters or parent company abroad for re-signing, which can be very time-consuming. Moreover, once resubmitted, the authority will issue a new receipt and appointment slip and the processing time will start over.
The forms used for adjusting the procedure contain many fields, and if you are not familiar with them, mistakes may easily occur. The Law on Investment does not yet clearly specify which documents must be submitted for adjusting each specific content. As a result, missing documents may lead to requests from the competent authority to supplement the dossier.
Many adjustments require explanations to prove their reasonableness and compliance with the law. Without prior experience, this can be challenging—especially as different officers may impose varying requirements at different times, which often leads to application rejection.
Many clients who submitted their application dossiers on their own have encountered cases where the dossiers were referred to inspection for review and handling. When seeking support from lawyers, we found that the person preparing the dossier lacked experience, resulting in errors in the content of the dossier, which caused the licensing authority to misunderstand.
Thorough preparation before submitting the application will help the enterprise save time and avoid unnecessary errors. Below are important notes that Clients should consider:
a) Contact the investment registration authority
Before preparing the application for amendment of the Investment Registration Certificate, Clients should contact the competent investment registration authority to clearly identify the procedures, process, and required documents. This is especially important for projects with complex elements or major changes, as it enables Clients to understand specific requirements and accurately prepare the dossier from the outset.
b) Closely monitor the application progress
After submitting the application, Clients should closely monitor its processing at the investment registration authority. This allows Clients to promptly receive updates and provide any additional documents or make necessary corrections if requested by the case officer. Careful monitoring ensures that the application is processed efficiently, on schedule, and with greater effectiveness.
When drafting adjustment documents for the IRC, it is necessary to use the correct forms as prescribed in Circular No. 03/2021/TT-BKHDT. Furthermore, careful review of information and strict compliance with the form’s instructions are required. Most importantly, experience is needed in preparing explanations related to the adjustment contents
The application dossier for amendment of the Investment Registration Certificate may be submitted through the following methods:
Direct submission at the competent investment registration authority (such as the Department of Planning and Investment or the Management Board of Industrial Parks/Economic Zones);
By postal mail;
Online submission via the National Investment Information System.
When submitting the dossier, Clients must ensure that all documents are fully and accurately prepared in accordance with legal requirements. After submission, it is important to closely monitor the processing progress in order to promptly provide any additional documents or make corrections if requested by the authorities. This helps ensure that the application is processed quickly, on schedule, and effectively.
When working with the competent authority to adjust the Investment Registration Certificate, it is important to be flexible and adaptable, applying strong negotiation and persuasion skills. One should also consult relevant legal regulations, including those on investment, enterprises, environment, fire prevention and fighting, construction, and land, in order to provide proper explanations.
When adjusting the project location or changing the project scale, the competent authority may conduct an on-site inspection of the factory or project to verify the information provided. This is particularly necessary for matters requiring detailed explanation, such as land area, operational capacity, or other significant changes.
In such cases, VPL is ready to assist by representing the enterprise in working directly with the inspection team, ensuring that the verification process proceeds smoothly and accurately while safeguarding the Client’s lawful rights and interests.
VPL has a team of experienced lawyers and consultants who can communicate and provide direct consultations in English, Chinese, Korean, and other languages.
Within 12 working hours of receiving your quotation request, VPL will send a service fee proposal to the contact details you provided (excluding holidays and weekends).
VPL is committed to providing reliable and high-quality IRC adjustment services, with reasonable costs and prompt turnaround times. With its extensive experience, VPL is confident that its brand and the value it delivers will satisfy clients.
VPL provides a full-package IRC adjustment service. Clients only need to provide the required documents and information; VPL will draft the application, carry out the procedures, collect the documents, and deliver the results directly to the client.
When using VPL’s services, clients must make a 50% advance payment of the service fee immediately after signing the legal service contract.
Within 3 working days of receiving all required information from the client, VPL’s experienced team will deliver the completed dossier. VPL guarantees that the dossier is fully prepared, allowing the client to sign only once, thereby saving time.
When clients use VPL’s services, VPL issues full invoices and documents in accordance with the Law on Tax Administration.
If VPL fails to complete the work as agreed in the contract, VPL will refund the entire amount received from the client, except in cases where the client unilaterally terminates the contract unlawfully.
When using VPL’s services, both parties will sign a legal service contract specifying the scope of work, service fees, rights and obligations of the parties, deliverables, and other terms in accordance with the law.
When using VPL’s services, a team of experienced lawyers and consultants will work on behalf of the client, providing explanations and supplementing documents as required by the competent authorities. Clients only need to provide the requested documents and receive the results from VPL.
VPL’s lawyers and consultants will provide on-site consultation, negotiation, and discussions at the client’s company for cases that require direct, in-person support.
If you are looking for a reputable legal advisory firm that provides dedicated and effective support in every legal matter, do not hesitate to contact VPL today!
