DOES INCREASE INVESTMENT PROJECT CAPITAL NEED TO BE ADJUSTED TO THE CURRENT INVESTMENT REGISTRATION CERTIFICATE?

I. What is an Investment Registration Certificate?

According to Clause 11, Article 3 of the 2020 Investment Law, an Investment Registration Certificate is a document, either in paper or electronic form, that records the investor’s registration information for an investment project.

II. Is it necessary to adjust the Investment Registration Certificate when increasing the project capital according to current regulations?

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According to Article 41 of the 2020 Investment Law regarding project adjustments:

  1. During the implementation of the investment project, investors have the right to adjust the project’s goals, transfer part or all of the investment project, merge projects, split a project into several projects, use land rights and assets on the land of the investment project to contribute capital to establish businesses, cooperate in business, or make other adjustments, provided they comply with the law.
  2. The investor must follow the procedure to adjust the Investment Registration Certificate in case the project adjustment changes the content of the certificate.

Therefore, if the investor intends to increase the project capital, they must complete the procedure for adjusting the Investment Registration Certificate as required, since increasing the project capital will alter the content of the certificate.

III. What is the fine for increasing the project capital without adjusting the Investment Registration Certificate?

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According to Clause 2, Article 17 of Decree 122/2021/ND-CP, if an organization increases the project capital but fails to adjust the Investment Registration Certificate, they may face a fine ranging from VND 70,000,000 to VND 100,000,000, and will be required to complete the procedure to adjust the Investment Registration Certificate for the violation.

According to Clause 2, Article 4 of Decree 122/2021/ND-CP, the fine for individuals failing to adjust the Investment Registration Certificate will be half of the fine for organizations, which means it ranges from VND 35,000,000 to VND 50,000,000.

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