The IPIC Law Company Limited is a consulting company in the field of foreign investment in Vietnam. During the consulting process, the Company encountered some following problems that is related to the adjustment of the project scale of an enterprise.

Currently, according to the Investment Law 2014 and documents, there are no instructions on how to write in detail about the investment scale and capacity. Therefore, in the written request for project adjustment that be submitted to the Hai Phong Economic Zone Authority, the investor proposes the following adjustment scale as follows:

“The Project scale (for stable production year): Producing and processing high-grade plastic beads with scale and capacity: 11,000 tons of products/year.

However, the Hai Phong Economic Zone Authority requires investors to record the following details:

- Lupoy plastic beads: 7,000 tons/year;

- Lupox plastic beads: 2,000 tons/year;

- Lumid plastic beads: 1,000 tons/year;

- Lupol plastic beads: 1,000 tons/year.

The IPIC Law Firm would like to ask, in this case, can the investor register the overall scale or must detail each type of plastic resin produced and the scale of each type as guided by the Management Board of Hai Phong Economic Zone?

Regarding this issue, The Ministry of Planning and Investment has the following comments:

According to the provisions of Clause 5, Article 39 of the Law on Investment, the contents of the Investment Registration Certificate include information on the scale of the investment project.

According to the form of investment project proposal for projects subject to decision on investment policies (form I.2) and projects that are not subject to decision on investment policies (form I.3) issued together with the Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating the form for carrying out investment procedures and reporting on investment activities in Vietnam, when carrying out the procedures for decision making investment policy or registration for implementation of an investment project, the investor must declare the contents of the investment scale: Land area, water surface, planned use; design capacity; products and services provided; construction scale.

The form of Investment Registration Certificate (forms II.2 and II.3) issued together with Circular No. 16/2015/TT-BKHDT mentioned above does not specify the content of the scale of the investment project.