[INVESTMENT GUIDEBOOK] If the total investment capital of a project remains unchanged, but the charter capital and mobilized capital are adjusted, is it necessary to amend the Investment Registration Certificate? 

The attorney from Gattaca Law Firm answer: 

Although the total investment capital of the project remains unchanged, any adjustment to the capital structure – specifically the investor’s charter capital and mobilized capital – still requires the investor to carry out procedures for amending the Investment Registration Certificate.

Pursuant to Clause 2, Article 41 of the Law on Investment 2020: “The investor shall follow procedures for adjusting the Investment Registration Certificate if the adjustment to the investment project changes any content of the Investment Registration Certificate.” In addition, according to Article 40 of the Law, one of the key contents of the Investment Registration Certificate is the capital structure of the investment project, including both the investor’s contributed capital and the mobilized capital.

Therefore, even if the total investment capital remains unchanged, any change in the proportion between charter capital and mobilized capital is still considered a change in the contents of the Investment Registration Certificate and must comply with the procedures for amendment.

Gattaca Law Firm is a legal partner of the Investment and Trade Promotion Center – Vietnam Trade Promotion Agency, Ministry of Industry and Trade. In recent years, Gattaca Law Firm has collaborated with the Vietnam Trade Promotion Agency to develop the Investment Promotion Guidebook, which provides legal knowledge and insights into the investment environment for foreign investors doing business in Vietnam. The book has been translated into several languages, including English, Japanese, Korean, and Chinese, contributing to the promotion of foreign investment into Vietnam. Interested investors are encouraged to contact Gattaca Law Firm for timely advice and support.

Trung Anh

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