Requirements
Natural persons
Legal persons
Representatives
A.FOR ALL TYPES OF AMENDMENTS
1.
Registration / Request for amendment of Investment Certificate(Appendix I-6 of Decision 1088) (original)
2.
Amended charter (original)
(optional) of the company having all signatures of the legal representative and of members or their authorized representatives for limited liability companies with two or more members; of founding shareholders or their authorized representatives, for shareholding companies; of owner for one-member limited liability companies
3.
Amended Joint Venture Contract (original)
(optional) for joint venture companies. Having all signatures of the representatives of the parties on each page and full signatures (signature with full name..) at the end of the contract
4.
Report on operation (original)
of company and project until time of request for amendment of Investment Certificate
5.
Meeting minutes on contents of amendment (an authentic copy)
of Members`Council in case of companies with two or more members; of General Meeting of Shareholders in case of shareholding company on change of company’s business lines / name
6.
Decision on contents of amendment (original)
of Members`Council in case of companies with two or more members; of General Meeting of Shareholders in case of shareholding company on change of company’s business lines / name
I.For all change of company's business lines / name
1.
Notification in accordance with Appendix II-1 of Circular 01/2013/TT-BKHDT (original)
II. For change of company's headoffice address
1.
Notification in accordance with Appendix II-1 of Circular 01/2013/TT-BKHDT (original)
2.
MOU or contract on office lease (original)
in case that the head office is location for implementation of the project
3.
Legal documents proving ownership or use right to location (an authentic copy)
III. For change of company's legal representative
1.
Notification in accordance with Appendix II-2 of Circular 01/2013/TT-BKHDT (original)
2.
Authenticated copy of passport or Vietnamese ID card of the new legal representative (original)
IV. For change of company's charter capital
1.
Notification in accordance with Appendix II-1 of Circular 01/2013/TT-BKHDT (original)
V. For change of founding shareholders of shareholding company
1.
Notification in accordance with Article 41 Decree 43/2010/ND-CP (original)
2.
List of founding shareholders (in accordance with Appendix I-7 of Circular 01/2013/TT-BKHDT) (original)
after being changed
VI. For individual investors:
1.
Authenticated copy of passport or Vietnamese ID cards of individual investor (original)
VII. For foreign corporate investors (for Vietnamese corporate investors, the legalized copy and Vietnamese version of following documents shall be replaced by authenticated copy only)
1.
Legalized copy of certificate of incorporation (original)
or certificate of business registration, certificate of enterprise registration or equivalent documents to define legal status of the investors
2.
Vietnamese version of legalized copy of certificate of incorporation (original)
or certificate of business registration, certificate of enterprise registration or equivalent documents to define legal status of the investors
3.
Authorization document (original)
issued by the investor for the authorized representative in the company
4.
Authenticated copy of passport or Vietnamese ID card of the authorized representative (original)
VIII. For case of changing founding shareholder due to capital transfer, supplement:
1.
Share transfer contract (original)
2.
Documents on fulfillment of the transfer (original)
IX. For case of changing founding shareholder due to presenting share as a gift, supplement:
1.
Share presenting contract (original)
X. For change of members of limited liability companies with two or more members
1.
Notification in accordance with Article 42 Decree 43/2010/ND-CP (original)
2.
List of members (in accordance with Appendix I-6 of Circular 01/2013/TT-BKHDT) (original)
after being changed
XI. For individual investors
1.
Authenticated copy of passport or Vietnamese ID cards of individual investor (original)
XII. For foreign corporate investors (for Vietnamese corporate investors, the legalized copy and Vietnamese version of following documents shall be replaced by authenticated copy only)
1.
Legalized copy of certificate of incorporation (original)
or certificate of business registration, certificate of enterprise registration or equivalent documents to define legal status of the investors
2.
Vietnamese version of legalized copy of certificate of incorporation (original)
or certificate of business registration, certificate of enterprise registration or equivalent documents to define legal status of the investors
3.
Authorization document (original)
issued by the investor for the authorized representative in the company
4.
Authenticated copy of passport or Vietnamese ID card of the authorized representative (original)
XIII. - for change of members due to admission of a new member
1.
Written certification (original)
of the capital contribution of the new member to the company
XIV. For change of members due to transfer of capital contribution
1.
Capital transfer contract (original)
and documents on fulfillment of the transfer with certification of the company
2.
Documents on fulfillment of the transfer (original)
XV. For change of member due to inheritance
1.
Written certification of legal inheritance of inheritor (original)
XVI. For change of member due to presentation of capital contribution
1.
Capital contribution presenting contract (original)
XVII. For change of company owner in one-member limited liability company upon transfer of entire company charter capital from existing owner to other person or institution
1.
Notification in accordance with Appendix II-4 of Circular 01/2013/TT-BKHDT (original)
2.
Capital transfer contract (original)
3.
Documents on fulfillment of the transfer (original)
XVIII. For individual investors:
1.
Authenticated copy of passport or Vietnamese ID cards of individual investor (original)
XIX. For foreign corporate investors (for Vietnamese corporate investors, the legalized copy and Vietnamese version of following documents shall be replaced by authenticated copy only)
1.
Legalized copy of certificate of incorporation (original)
or certificate of business registration, certificate of enterprise registration or equivalent documents to define legal status of the investors
2.
Vietnamese version of legalized copy of certificate of incorporation (original)
or certificate of business registration, certificate of enterprise registration or equivalent documents to define legal status of the investors
3.
Authorization document (original)
issued by the investor for the authorized representative in the company
4.
Authenticated copy of passport or Vietnamese ID card of the authorized representative (original)
XX. For amendment of capital of investment projects which, upon amendment, have an invested capital of three hundred (300) billion VND or more
1.
Explanatory statement (original)
(clearly mentioning changes in comparison with currently implemented project) and reasons for changes
C. ADDITIONAL DOCUMENTS REQUIRED For case that company authorizes other person to submit application file and receive result
I. company authorizes their staff to submit application file and receive result
1.
Power of attorney (original)
or
Letter of introduction (original)
II. company authorizes service company to submit application file and receive result
1.
Service contract (original)
2.
Letter of introduction (original)
of service company to the person submitting application file
Time frame
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 15mn - Max. 30mn
Waiting time until next step:
Min. 5 days - Max. 15 days
Legal justification
1.
Law No. 68/2014/QH13 dated 26/11/2014 of the National Assembly on Enterprises
Article 26
2.
Law No. 67/2014/QH13 dated 26/11/2014 of the National Assembly on Investment
Article 51
3.
Decree 108/2006/ND-CP dated 22/11/ 2006 (EN) providing guidelines for implementation of a number of articles of Law on Investment
Article 51;52
4.
Decree 43/2010/ND-CP of the Government dated Apirl 15, 2010 on enterprise registration (EN)
Article 34;35;36;37;38;39;40;41;42;43;44
5.
Decree 05/2013/ND-CP dated 09/01/2013 of the Government (EN) amending and supplementing a number of articles of provisions on administrative procedures of Government’s Decree No. 43/2010/ND-CP, of April 15, 2010, on enterprise registration
articles 1.1, 1.2
6.
Circular 01/2013/TT-BKH ( Expired. Replaced by Cir. 20/2015/TT-BKHDT) dated 21/01/2013 of Ministry of Planning and Investment (EN) on guiding enterprise registration
Article 9;17;18;19;20;21;22
7.
Decision 1088/2006/QD-BKH (expired, replaced by Cir. 16/2015/TT-BKHDT) of the Ministry of Planning and Investment dated October 19, 2006, issuing standard forms for conducting investment procedures in Vietnam
articles apdx.I-6, I-7
8.
Decision No.4199/QĐ-UBND of PPC of Hochiminh City dated 05/9/2009 on administrative procedures authorized to SHTP (see file atd at the end of the last page of the decision)
9.
Decision 71/QD-KCNC dated 20/06/2007 of Saigon Hi-tech Park (VN) Guiding investement procedures of Saigon Hi-Tech Park
Chapter terIII
Additional information
- Number of Documents needed:
+ For projects with investment capital up to 300 billion VND: 4 set (1 original + 3 copies).
+ For projects with investment capital of 300 billion VND and above: 8 set (1 original+ 7 copies).
- Languages: in Vietnamese or in Vietnamese and English.
- All foreign documents must be legally authenticated/stamped by the Consular authorities and dated within 3 months of the date of application submission.
The investor (or it authorized representative) may send the required documents to SHTP for its review and comments before the official submission. The SHTP officers will review documents at the counter and require the applicant to provide additional documents. If the application is eligible, the document receipt will be issued.
SHTP has maximum of 7 business days (applicable to projects with capital up to 300 billion VND) or 45 business days (applicable to projects with capital of 300 billion VND and above) to issue the certificate.
The appointment for investor to come back and collect the investment certificate is written in the 'receipt of application for investment certificate'
