有在發落小編的文章就知道，小編的主要是越南工業區協助建廠的後勤人員之一。【參考文章【越南不動產】公司於工業區土地可否轉租?、【越南不動產】越南的通道權解釋，類似台灣的袋地通行權的概念、【越南不動產】前進工業區指南】
身為專案人員的小編要隨時注意建廠時程有無偏離當初申請歸化，但是…..2020年的疫情攪局，讓建廠時程完全不符合當初的投資計劃所申請的內容，這下該怎麼辦???!!!!
依照61/2020/QH14投資法第40條有針對投資項目要載明什麼內容，如果不一致的話依照第41條有調整的部分都要在的部分都要在期限內向政府申請批准。
例如像投資目標、資金、建廠大小有變更都要重新取得核准，然後法條也有寫到最多給你延期24個月。但如果違反的話，違反的法效果是什麼呢???除了被工業區恐嚇，政府會把土地收走，因為避免妳買了囤地不開發而且目前依50/2016/ND-CP第13條第4款也會有罰金，所以大家時程都要抓好好的唷!!及時向政府申請相關變更計畫，避免罰款唷!
61/2020/QH14 投資法
Article 40. Contents of investment registration certificate
1. Name of the investment project.
2. The investor.
3. Investment project code.
4. Location and land area of the investment project.
5. Objectives and scale of the project.
6. Capital investment in the investment project (including the investor’s contributed capital and raised capital).
7. Duration of the investment project.
8. Project execution schedule, including:
a) Capital contribution and capital raising schedule;
b) Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);
9. Investment incentives or investment support, and bases or conditions for application thereof (if any).
10. Conditions applied to the investor executing the investment project (if any).
Article 41. Adjusting the investment project
1. During execution of an investment project, the investor is entitled to adjust its objectives, transfer the project in part or in full, merge projects or fully divide or partially divide a project into multiple projects or use the land use rights or assets on land which is part of the investment project to contribute capital to establish an enterprise, carry out business cooperation or carry out other activities, and the aforementioned activities shall comply with regulations of law.
2. The investor shall follow procedures for adjusting the investment registration certificate if the adjustment to the investment project changes contents of the investment registration certificate.
3. The investor that has an investment project whose investment guidelines have been approved shall follow procedures for adjusting the investment guidelines in one of the following cases:
a) Any objective specified in the written approval for investment guidelines is changed; any objective that is subject to approval for investment guidelines is added;
b) The land area is increased or reduced by 10% or more than 30 hectares or the investment location is changed;
c) The total investment capital is increased or reduced by 20% or more, thereby changing the scale of the investment project;
d) Extension of the project execution schedule results in total duration of the project being extended by more than 12 months compared to that stated in the first approval for investment guidelines;
dd) The duration of the investment project is adjusted;
e) Any technology that has been appraised or about which opinions have been collected during the process of approving the investment guidelines is changed;
g) There is a change of the investor in the investment project whose investment guidelines are approved together with approval for the investor before the exploitation or operation of the project or there is a change of conditions (if any) applicable to the investor.
4. With respect to the investment project whose investment guidelines are approved, the investor is not allowed to extend the investment execution schedule by more than 24 months compared to that stated in the first approval for investment guidelines, except for one of the following cases:
a) It is necessary to remedy the consequences of an event of force majeure in accordance with the civil law and the land law;
b) The project execution schedule is adjusted because the State delays allocating or leasing out land to the investor or allowing the investor to repurpose land.
c) The project execution schedule is adjusted at the request of a regulatory agency or the regulatory agency delays in performing administrative procedures;
d) The investment project is adjusted because the regulatory agency changes the planning;
dd) Any objective specified in the written approval for investment guidelines is changed; any objective that is subject to approval for investment guidelines is added;
e) The total investment capital is increased or reduced by 20% or more, thereby changing the scale of the investment project.
5. The regulatory agency that has the power to approve investment guidelines also has the power to approve adjustments to investment guidelines.
If the adjustment to an investment project results in the project being subject to approval for its investment guidelines by an authority at a higher level, such authority will have the power to adjust investment guidelines as prescribed in this Article.
6. Procedures for adjusting investment guidelines are specified in Articles 34, 35 and 36 of this Law.
7. If the adjustment to an investment project results in the project being subject to approval for its investment guidelines, the investor has to apply for approval for investment guidelines before adjusting the investment project.
8. The Government shall elaborate this Article.
50/2016/ND-CP
Article 13. Violations against regulations on investment in Vietnam
1. A fine of VND 1,000,000 – VND 5,000,000 shall be imposed for failure to submit a report to the investment registration authority before commencing the execution of an investment project which is not granted an investment registration certificate.
2. A fine of VND 5,000,000 – VND 10,000,000 shall be imposed for any of the following violations:
a) Failure to submit reports on investment activities, investment project supervision and/or assessment;
b) Submitting an untruthful report on investment activities;
c) making investment in conditional business lines without satisfying all conditions specified in the Law on Investment;
d) Establishing an executive office of a foreign investor in the business cooperation contract without registering with the investment registration authority of the area where the executive office is located;
dd) Shutting down an executive office of a foreign investors in the business cooperation contract without notifying the investment registration authority of the area where the executive office is located.
3. A fine of VND 10,000,000 – VND 20,000,000 shall be imposed for submitting an untruthful document to obtain the certificate of investment or investment registration certificate or decision on investment guidelines.
4. A fine of VND 20,000,000 – VND 30,000,000 shall be imposed for any of the following violations:
a) Failure to follow procedures for registration of capital contribution, purchase of capital contributions/shares of a business organization;
b) Failure to follow procedures for investment project adjustment;
c) Extending the duration of project execution or investment without submitting a written proposal to the investment registration authority or such proposal is not approved in writing by the investment registration authority;
d) Suspend an investment project without sending a written notification to the investment registration authority or the suspension is not approved in writing by the investment registration authority;
dd) Failure to follow procedures for shutting down or liquidating an investment project.
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