07 cases of investment policy adjustment

Question:

My company has been approved for an investment proposal. Currently, the company wants to change the total invested capital, increasing it by 30% compared to the initial investment. I would like to know if my company needs to adjust the investment proposal.

Answer:

Article 41, Clause 3 of the Law on Investment 2020 regulates the adjustment of investment projects as follows:

Investors with approved investment proposals must go through the procedure to obtain approval for adjusting the investment proposal if they fall into one of the following cases:

a) Changing the objectives as stated in the approved investment proposal; supplementing objectives within the scope of the approved investment proposal;
b) Changing the scale of land use by more than 10% or more than 30 hectares, changing the investment location;
c) Changing the total invested capital by 20% or more, resulting in a change in the scale of the investment project;
d) Extending the implementation timeline of the investment project, with the total investment duration exceeding 12 months compared to the timeline stated in the initially approved investment proposal;
e) Adjusting the operational period of the investment project;
f) Changing the technology that has been appraised and consulted during the approval of the investment proposal;
g) Changing the investor of the approved investment project simultaneously with the approval of the investor before the project is exploited, operated, or changing the conditions for the investor (if any).

Therefore, according to the above legal regulations, if the investor has been approved for an investment proposal and wants to change the total invested capital by 30% or more, they must go through the procedure to obtain approval for adjusting the investment proposal. Therefore, your company needs to adjust the investment proposal if the total invested capital is increased to 30% or more.

If you are facing difficulties related to your Investment Certificate and cannot find suitable services, you can call 0966.222.840 | Facebook | Zalo, QUAN LIEU will provide you with guidance and advice.

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