Contents of Administrative procedures - No6Administrative procedures for Departments of Planning and Investment

Procedure Procedure Reregistering the enterprise with foreign investment capital (established before July 01, 2006)
Process

 Step 1: Dossier acceptance
- For citizens, organizations: submitting dossiers at one-stop division, receiving appointment notes of returning resolved result.
- For Department of Planning and Investment: receiving dossiers, restoring appointment notes to citizens, organizations.
Step 2: Dossier settlement
+ Dossier acceptance
+ Completing the result of Dossier settlement (making notification to ask for dossiers amendment and supplementation or submitting for the City People’s Committee to issue the investment certificate)
Step 3: Result return
+ Citizens receive the result of Dossier settlement at one-stop division.

Where to submit - Directly at the head offices of Departments of Planning and Investment
Contents and number of the dossier

a) Components of a dossier include:
1- Document offering to reregister the enterprise signed by the legal representative of the enterprise
2- Draft of modifying enterprise Regulations suitable for the form that the enterprise expects to register, with signature on each page and on last page of the regulations.
3- A copy of Investment licenses and Adjustment Permit (signed “true copy from the original” and sealed by competent person of the enterprise)
4-  A report on activities of deploying the project
5- In case of re-registration, the Enterprise has a request of adjusting contents relevant to business registration and investment project, so in the above dossier materials stipulated by law equivalent to the adjusted contents are included ( For example: Increasing investment capital, transferring capital, changing name of the investor, etc.)
b) Number of dossiers: 01 set
Agencies implementing administrative procedures:    + Competent making-decision agencies: the City People’s Committee
+ Agencies directly implementing administrative procedures: the Department of Planning and Investment
+ Combined agencies (if any): ministries, specialized departments (Planning and Investment; Construction; Culture, Sports and Tourism, etc.)
Results of implementing administrative procedures    Letters of approval
Fees:    In case of re-registering and changing the content of business registration: VND 20,000
Name of application and declaration form    No
Requests and conditions for implementation of administrative procedures:    Enterprises submit former investment licenses
Legal bases of administrative procedures:    -    Law on Investment in 2005;
-    Law on Enterprises in 2005;
-    Trade Law dated in 2005;
-    Law No.38/2009/QH12 dated 19/06/2009 altering and supplementing some clauses of laws relating to basic construction investment;
-    Trade- Service Commitments of Vietnam in WTO;
-    Decree No. 108/2006/ND-CP dated 22/9/2006 by the Government particularly stipulating and guiding implementation of some clauses of the Law on Investment;
-    Decree No.88/2006/ND-CP dated 29/8/2006 by the Government regarding business registration;
-    Decree No.139/2007/ND-CP dated 5/9/2007 by the Government particularly guiding implementation of some clauses of the Law on Enterprises;
-    Decree No.23/2007/ND-CP dated 12/2/2007 by the Government particularly regulating for the Trade Law on activities of merchandise purchase and sales and activities directly relating to merchandise purchases and sales of foreign invested enterprises in Vietnam;
-    Decree No.78/2007/ND-CP dated 11/5/2007 by the Government regarding investment under the forms: Contract of build - operation - transfer (BOT), contract of build - transfer - operation (BTO), contract of build - transfer (BT);
-    Decision No.10/2007/QD-TTg dated 23/01/2007 by the Prime Minister promulgating economic industry system of Vietnam.
-    Circular No.03/2006/TT-BKH dated 19/10/2006 by the Ministry of Planning and Investment guiding some contents on documents, orders, procedures of business registration stipulated at Decree No.88/2006/ND-CP dated 29/8/2006 by the Government regarding business registration;
-    Circular No.09/2007/TT-BTM dated 17/7/2007 by the Ministry of Trade guiding implementation of Decree No.23/2007/ND-CP dated 12/2/2007 particularly stipulating for the Trade Law on activities of merchandise purchase and sales and activities directly relating to merchandise purchases and sales of foreign invested enterprises in Vietnam;
-    Circular No.05/2008/TT-BTM dated 14/4/2008 by the Ministry of Trade altering and supplementing Circular No.09/2007/TT-BTM dated 17/7/2007 by the Ministry of Trade guiding implementation of Decree No.23/2007/ND-CP dated 12/02/2007 particularly stipulating for the Trade Law on activities of merchandise purchase and sales and activities directly relating to merchandise purchases and sales of foreign invested enterprises in Vietnam;
-    Decision No.1088/2006/ND-BKH dated 19/10/2006 by the Ministry of Planning and Investment promulgating the forms of documents implementing investment procedures in Vietnam
-    Decision No.88/2009/QD-TTg dated 18/6/2009 by the Prime Minister regarding regulations on capital contribution and share purchase of foreign investors in Vietnamese enterprises;
-    Decision No.10/2007/ND-BTM dated 21/5/2007 by the Ministry of Trade announcing the route of implementation of activities of merchandise purchase and sales and activities directly relating to merchandise purchase and sales;
-    Decision No.84/2009/QD-UBND dated 1/7/2009 by the City People's Committee promulgating regulations on implementation of one-stop and inter-one-stop mechanism in dealing with affairs of organizations and individuals at state administrative management agencies of Hanoi City;
-    Decision No.02/2009/QD-UBND dated 9/1/2009 by the City People's Committee collecting fees, charges for issue of certificates of business registration and supply of information on business registration in Hanoi;
-    Circular No.5558/UBND-KH&DT dated 17/6/2009 by the City People's Committee regarding issue of business licenses and licenses of establishment of retail units for foreign investment in Hanoi.
 

Processing duration
Objects Organizations
Competent agency No6Administrative procedures for Departments of Planning and Investment
Outcome Letters of approval
Fee In case of re-registering and changing the content of business registration: VND 20,000
Form/Declaration

No

Other requirements

Enterprises submit former investment licenses

Legal basis

 -    Law on Investment in 2005;
-    Law on Enterprises in 2005;
-    Trade Law dated in 2005;
-    Law No.38/2009/QH12 dated 19/06/2009 altering and supplementing some clauses of laws relating to basic construction investment;
-    Trade- Service Commitments of Vietnam in WTO;
-    Decree No. 108/2006/ND-CP dated 22/9/2006 by the Government particularly stipulating and guiding implementation of some clauses of the Law on Investment;
-    Decree No.88/2006/ND-CP dated 29/8/2006 by the Government regarding business registration;
-    Decree No.139/2007/ND-CP dated 5/9/2007 by the Government particularly guiding implementation of some clauses of the Law on Enterprises;
-    Decree No.23/2007/ND-CP dated 12/2/2007 by the Government particularly regulating for the Trade Law on activities of merchandise purchase and sales and activities directly relating to merchandise purchases and sales of foreign invested enterprises in Vietnam;
-    Decree No.78/2007/ND-CP dated 11/5/2007 by the Government regarding investment under the forms: Contract of build - operation - transfer (BOT), contract of build - transfer - operation (BTO), contract of build - transfer (BT);
-    Decision No.10/2007/QD-TTg dated 23/01/2007 by the Prime Minister promulgating economic industry system of Vietnam.
-    Circular No.03/2006/TT-BKH dated 19/10/2006 by the Ministry of Planning and Investment guiding some contents on documents, orders, procedures of business registration stipulated at Decree No.88/2006/ND-CP dated 29/8/2006 by the Government regarding business registration;
-    Circular No.09/2007/TT-BTM dated 17/7/2007 by the Ministry of Trade guiding implementation of Decree No.23/2007/ND-CP dated 12/2/2007 particularly stipulating for the Trade Law on activities of merchandise purchase and sales and activities directly relating to merchandise purchases and sales of foreign invested enterprises in Vietnam;
-    Circular No.05/2008/TT-BTM dated 14/4/2008 by the Ministry of Trade altering and supplementing Circular No.09/2007/TT-BTM dated 17/7/2007 by the Ministry of Trade guiding implementation of Decree No.23/2007/ND-CP dated 12/02/2007 particularly stipulating for the Trade Law on activities of merchandise purchase and sales and activities directly relating to merchandise purchases and sales of foreign invested enterprises in Vietnam;
-    Decision No.1088/2006/ND-BKH dated 19/10/2006 by the Ministry of Planning and Investment promulgating the forms of documents implementing investment procedures in Vietnam
-    Decision No.88/2009/QD-TTg dated 18/6/2009 by the Prime Minister regarding regulations on capital contribution and share purchase of foreign investors in Vietnamese enterprises;
-    Decision No.10/2007/ND-BTM dated 21/5/2007 by the Ministry of Trade announcing the route of implementation of activities of merchandise purchase and sales and activities directly relating to merchandise purchase and sales;
-    Decision No.84/2009/QD-UBND dated 1/7/2009 by the City People's Committee promulgating regulations on implementation of one-stop and inter-one-stop mechanism in dealing with affairs of organizations and individuals at state administrative management agencies of Hanoi City;
-    Decision No.02/2009/QD-UBND dated 9/1/2009 by the City People's Committee collecting fees, charges for issue of certificates of business registration and supply of information on business registration in Hanoi;
-    Circular No.5558/UBND-KH&DT dated 17/6/2009 by the City People's Committee regarding issue of business licenses and licenses of establishment of retail units for foreign investment in Hanoi.

Attachment

Administrative procedures