Tue, Feb 28, 2023, 11:02:00
Crown Da Nang Beverage Packaging Co., Ltd. asked, does the enterprise need to change the information of the investor's legal representative on the Investment Registration Certificate?
In case of requesting to change information, what procedures does the Company need to do to make this change?
The Management Board of Da Nang Hi-Tech Parks and Industrial Parks responded to this issue as follows:
Crown Da Nang Beverage Packaging Co., Ltd. was granted the Investment Registration Certificate for the first time on April 5, 2012 by the Management Board and the 5th change certificate on October 18, 2018. Investor was Crown Packaging Investment Pte. Ltd.
According to Clause 3, Article 42 of the Investment Law 2020, investors are responsible for complying with the provisions of this Law, the law on planning, land, environment, construction, labor, fire prevention and fighting, regulations other relevant regulations of law, the written approval of investment policy (if any) and the Certificate of investment registration (if any) during the implementation of the investment project.
At the same time, in Clause 2, Article 41 of the Law on Investment in 2020, investors 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.
Therefore, in case the investor changes the legal representative, it will change the content specified in the Investment Registration Certificate, project code 0401487912, first certified on April 5, 2012 and certified by the investor. After receiving the 5th change on October 18, 2018 issued by the Management Board, the investor must carry out procedures for adjusting the Investment Registration Certificate.
In addition, at Point a, Clause 2, Article 19 of Decree No. 122/2021/ND-CP of the Government on sanctioning of administrative violations in the field of planning and investment, it is stated: "Investors do not perform according to the contents of the Investment Registration Certificate", will be fined, ranging from VND 70,000,000 to VND 100,000,000.
Procedures for amending the Investment Registration Certificate
Components and procedures for amending the Investment Registration Certificate include:
- Written request for adjustment of investment project (Form A.I.11.h Circular No. 03/2021/TT-BKHDT);
- Report on the implementation of the investment project to the time of adjustment (Form A.I.12 of Circular No. 03/2021/TT-BKHDT);
- Decision and valid copy of meeting minutes of the Board of Members/General Meeting of Shareholders/owner on project adjustment;
- Certificate of business registration of Crown Packaging Investment Pte Co., Ltd (the last time with the content of changing the legal representative of the Company and must be consular legalized and translated/notarized according to regulations). determined);
- Passport of the legal representative of the investor;
Quantity: 01 set of original documents
Processing time: 03 working days.
During the implementation process, if you have any problems, please contact the Investment Management, Promotion and Support Department under the Management Board, phone 02363.666.139 for guidance.
