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Legal Advice: Regulations on investment project
adjustment in
While
implementing investment project adjustment, it is essential for investors to
determine when they need to carry out registration procedures for adjustment
or adjustment examinations in accordance with law.
Adjustment of investment projects is
effected in the forms of amending and supplementing the contents of
Investment Certificates. Enterprises are required to implement the procedure
of Investment Certificate adjustment when modifying the content related to
the objectives, scale, location, form, capital, and duration of a project.
Investment projects, for which
adjustment registration or examination procedures are not required, include:
• Projects that
adjust but not change their objectives, scale, location, form, capital or
duration;
• Domestic
investment projects which, after adjustment, are capitalized at under VND 15
billion and not subject to conditional investment sectors;
• Domestic
investment projects which, after adjustment, are capitalized at under VND 300
billion and make no changes to the objective and location of investment.
Projects subject to registration for
investment project adjustment include:
• Foreign
investment projects which, after adjustment, are capitalized at under 300 billion
• Domestic
investment projects which, after adjustment, are not subject to any
conditional investment sectors, except for cases of projects for which
adjustment registration or examination procedures are not required;
• Domestic
investment projects subject to conditional investment sectors which, after
adjustment, make no changes to their objectives and still satisfy the
investment conditions specified for them, except for cases of projects for
which adjustment registration or examination procedures are not required.
The investors shall register the
content to be adjusted with provincial-level state agencies in charge of
investment within 10 days after deciding on the adjustment.
Investment projects subject to
adjustment examination include projects which, after adjustment, fall into
the following cases:
• Foreign
investment projects which, after adjustment, are subject to examination for
grant of Investment Certificates;
• Domestic
investment projects which, after adjustment, are subject to conditional
investment sectors, except for cases in which they are subject to
registration for investment project adjustment.
The investors shall submit a written
request for adjustment of the investment project -- which covers content on
the project execution progress, reasons for adjustment and changes compared
with the examined content -- to competent state agencies in charge of
investment according to their competence.
In addition, investors may be fined
20 million to 30 million
PLF – LAW FIRM
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Chủ Nhật, 4 tháng 1, 2015
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