Procedures for Adjustment of Investment Projects under the new Law on Investment

I. Adjustment of investment projects

According to the provisions of Article 33 of the Law on Investment on Adjustment of investment projects:

1. In the course of execution of an investment project, the investor has the right to adjust the objectives, transfer part or all of the investment project, merge projects or split/divest a project into several projects, or split, consolidate, merge, convert the type of economic organization, or use land use rights and assets on land belonging to the investment project to contribute capital to establish an enterprise, business cooperation, or other contents and must comply with the provisions of law.

2. The investor shall carry out procedures to adjust the Investment Registration Certificate in case the adjustment of the investment project leads to a change in the main contents of the project specified in the Investment Registration Certificate.

3. An investor whose investment project has been approved for investment guidelines must carry out procedures for approval of adjustment of investment guidelines if it falls into one of the following cases:

a) Change or supplement the contents and objectives subject to investment guideline approval as specified in the document approving the investment guidelines;

b) Change the scale of the land use area according to the Government's regulations, change the investment location;

c) Extend the investment project implementation progress in case of adjusting the progress by more than 24 months as prescribed in Clause 4 of this Article; d) Adjust the operating term of the investment project;

đ) Change the investor of the investment project whose investment guidelines were approved simultaneously with the approval of the investor before the project is exploited or operated, or change the conditions for the investor (if any).

4. For an investment project whose investment guidelines have been approved, the investor may not adjust the investment project implementation progress by more than 24 months compared to the investment project implementation progress specified in the initial document approving the investment guidelines, except for one of the following cases:

a) To remedy consequences in case of force majeure according to the provisions of civil law and land law;

b) Adjust the investment project implementation progress because the investor is late in being handed over land, leased land, or allowed to change land use purposes by the State;

c) Adjust the investment project implementation progress at the request of a state management agency or because a state agency is slow in performing administrative procedures;

d) Adjust the investment project due to a change in planning by a state agency;

đ) Change the objectives already specified in the document approving the investment guidelines; supplement objectives subject to investment guideline approval;

e) Increase the total investment capital by 20% or more, changing the scale of the investment project;

g) Other cases as prescribed by the Government.

5. The state agency competent to approve investment guidelines has the authority to approve the adjustment of investment guidelines. In case the request for adjustment of the investment project leads to the investment project falling under the authority to approve investment guidelines of a higher level, that level has the authority to approve the adjustment of investment guidelines according to the provisions of this Article.

In case the request for adjustment of the investment project leads to the investment project being subject to investment guideline approval, the investor must perform the procedures for approval of investment guidelines.

II. Procedures for adjustment of investment projects under the authority to approve investment guidelines of the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones

Procedures for adjustment of investment projects under the authority to approve investment guidelines of the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones as prescribed in Clause 4, Article 25 of the Law on Investment are performed as follows:

1. The investor submits 01 set of prescribed documents and an electronic version of the documents to the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone.

2. Within 02 working days from the date of receipt of a valid dossier, the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone shall send the dossier to the competent state agency as prescribed in Point b, Clause 10, Article 35 of this Decree to obtain opinions on the contents of the investment project adjustment.

3. Within 07 working days from the date of receipt of the dossier, the consulted agencies shall have opinions on the project adjustment contents within the scope of state management of that agency.

4. Within 17 working days from the date of receipt of a valid dossier, the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone shall decide to approve the adjustment of investment guidelines. The decision to approve the adjustment of investment guidelines shall be sent to the investor and agencies related to the implementation of the investment project.

5. In case of adjusting the implementation progress or operating term of the investment project as prescribed in Clause 5, Article 28 of this Decree, or if the investor needs to update information on the investment implementation location based on the arrangement of administrative units and local government organizations of two levels, the investor shall perform the following procedures: a) The investor submits 01 set of documents accompanied by an electronic version of the documents to the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone. For cases of late land handover as prescribed in Clause 5, Article 28 of this Decree, the dossier includes: A written request from the investor; a copy of the Decision on land allocation, decision on land lease, decision on land use purpose change, or a copy of the land handover document from a competent state agency. For cases of updating information on the investment project implementation location based on the arrangement of administrative units and local government organizations of two levels, the dossier includes: A written request from the investor, including an explanation of the update of this information; b) Within 05 working days from the date of receipt of a valid dossier, the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone shall decide to approve the adjustment of investment guidelines. The decision to approve the adjustment of investment guidelines shall be sent to the investor and agencies related to the implementation of the investment project.

6. Adjustment of investment projects that have been approved for investment guidelines but for which the selection of investors has not been organized or an investor has not been selected to implement the project:

a) The competent state agency prescribed in Point b, Clause 5, Article 32 of this Decree shall prepare a dossier for adjustment of the investment project and send it to the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone.

The dossier includes: A written request for adjustment of the investment project; explanation or provision of documents related to the adjustment of corresponding contents prescribed in Points d, e, and h, Clause 1 or Points b and c, Clause 2, Article 32 of this Decree (if any);

b) The order and procedures for adjusting the investment project shall comply with the provisions of Clauses 1, 2, 3, and 4 of this Article.

III. Kết luận:

In summary, understanding the regulations on investment project adjustment not only helps investors avoid legal risks but also ensures the stable operation of the business. Especially for projects in industrial parks and economic zones, the procedures have been significantly streamlined to facilitate investors. Should your business encounter difficulties in preparing documents or require further clarification on force majeure cases, please contact legal experts for comprehensive consultancy and support.

See more at:

1) Investment Procedures in Danang Hi-Tech Park 2026;

2) Procedures for Investment Policy Approval and Investment Registration Certificate (IRC) in Da Nang Hi-Tech Park 2026 (2)

3) List of Projects Attracting Investment into Da Nang City for the 2026-2030 Period

4) Projects Subject to Investment Policy Approval under the Law on Investment 2025

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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