(Prime Minister’s Decree 101/2006/ND-CP on September 21^st 2006 regulates that the re-registration, change and registration for changing the Investment Certificates of foreign invested enterprises must adhere to the Corporate Law and the Investment Law)

Cases of registration for the Investment Certificate change

• Registration for the change of investment certificate under Article 88 of the Investment Law is applied to investment projects in the form of business cooperation contract which had been granted the Investment License before July 1, 2006.
• If partners of the contract have a request for re-registering the investment projects under the Investment Law’s regulations, they have to perform the procedure for changing the Investment Certificate according to this Decree.

Registration Files of the investment certificate change

• Application for changing the investment certificate signed by all partners of the business cooperation contract.
• Legal copies of the Investment Certificate and other adjusted certificates.
• In case the partners of this contract request the adjustment of some contents relating to the investment project and business cooperation contract, the above file also has to include documents, as stipulated by laws on investment, corresponding to the request for adjustment.

The investment licensing agency must not ask the business cooperation contract’s partners to submit any additional paper other than the ones mentioned above.

Order and procedure for registering FOR the investment certificate change

• The business cooperation contract’s participants submit the registration file to the state office in charge of investment management in order to be granted a new investment certificate. They must be responsible for the reliability and precision of the contents in the file.
• Within 7 working days from the reception of the complete valid file, the investment licensing agency investigates and grants the investment certificate. If the agency refuses to grant or has a request for amendment & addition, it must elaborate the reasons to the enterprise in written documents.