1. Legal basis
– Law on Investment in 2020;
– Decree 31/2021/ND-CP Guiding the Law on Investment.
2. Cases of termination of investment projects
According to the provisions of Clauses 1 and 2, Article 48 of the Law on Investment, there are cases of termination of operation of an investment project as follows:
– According to the decision of the Investor or according to the contract, the charter of the enterprise
– An investor terminates an investment project in the following cases:
– The investor decides to terminate the operation of the investment project
– According to the termination conditions specified in the contract, the charter of the enterprise
– Expiry of the operation term of the investment project.
According to the decision of the investment registration agency. The investment registration agency shall terminate part or all of the operation of an investment project in the following cases:
– The project is temporarily suspended from investment under a decision of a state agency or the Prime Minister. Investor’s inability to overcome the shutdown condition
Investors are not allowed to continue using the investment location; fails to carry out the procedures for adjusting the investment location within 06 months.
– The investment project has ceased operation; expires 12 months from the date of shutdown; the investment registration authority is unable to contact the investor/investor’s legal representative
– The investment project is subject to land recovery because the land is not put into use; slow to put the land into use according to the provisions of the law on land
– Investors do not deposit; No guarantee of escrow obligation.
– Investors conduct investment activities on the basis of fake civil transactions
– According to court judgments, decisions, arbitral awards.
3. Procedures for project termination
In case of self-decision to terminate the operation of an investment project, the dossier includes:
– Decide to terminate the operation of the investment project;
– Enclosed with the Investment Registration Certificate (if any);
4. Procedures for adjusting the project’s operation scale
When adjusting, adding HS code on the investment certificate, this is the adjustment of the scale of the investment project, which belongs to the content recorded on the investment certificate.
Step 1: Adjust the Investment Registration Certificate
Profile includes:
– Written request for adjustment of investment project.
– Report on the implementation of investment projects up to the time of adjustment.
– Proposing investment projects
– Investor’s decision on adjustment of investment project.
– Economic and technical explanatory report
– Passport for individual investors; copy of Certificate of Incorporation or other equivalent document certifying legal status for investor being an organization.
– Audited financial statements for the last 2 years of the investor
– A copy of the venue rental agreement or other document certifying the investor has the right to use it
Step 2: Adjust the Certificate of Business Registration
After being granted the Investment Registration Certificate, the enterprise shall change the business lines on the Business Registration Certificate to suit the operational objectives of the project.

Above is the advice of Khoa Tin Law on: “Procedures for terminating project activities and adjusting project objectives of foreign-invested companies in Vietnam”

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