Ms. Hoa asked, what is the procedure if the company wants to record Investor B on the Investment Certificate? Is this a project assignment?

The Ministry of Planning and Investment responded to this issue as follows:

Clause 19, Article 3 of the Law on Investment stipulates that foreign investors are individuals with foreign nationality or organizations established under foreign laws that conduct investment and business activities in Vietnam.

Clause 22, Article 3 of the Law on Investment stipulates that foreign-invested economic organizations are economic organizations with foreign investors as members or shareholders.

Clause 1, Article 23 of the Law on Investment stipulates that economic organizations must satisfy the conditions and carry out investment procedures as prescribed for foreign investors when investing to establish other economic organizations; make capital contribution, purchase shares, purchase capital contribution portion of other economic organizations; investment in the form of BCC contract if such economic organization falls into one of the following cases:

Having a foreign investor holding more than 50% of the charter capital or having the majority of general partners being foreign individuals, for economic organizations being a partnership;

- Having economic organizations specified at Point a of this Clause holding more than 50% of charter capital;

- There are foreign investors and economic organizations specified at Point a of this Clause holding more than 50% of the charter capital.

Conditions, forms and procedures for investment in the form of capital contribution, share purchase or capital contribution are specified in Articles 24 and 26 of the Law on Investment and Articles 65 and 66 of Decree No. 31/2021/ND -CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law.

Clause 2, Article 22 of the Law on Investment stipulates that from the date of issuance of an enterprise registration certificate or another document of equivalent legal validity, an economic organization established by a foreign investor is the investor implementing investment projects according to the provisions of the Investment Registration Certificate.

Clause 2, Article 41 of the Law on Investment stipulates that the investor shall carry out the procedures for adjusting the Investment Registration Certificate in case the adjustment of the investment project changes the contents of the Investment Registration Certificate.

Procedures for adjusting investment projects that have been granted investment registration certificates and are not subject to approval for adjustment of investment policies are specified in Article 47 of Decree No. 31/2021/ND-CP.