Investment to overseas

PROCEDURES FOR GRANTING AND ADJUSTING CERTIFICATES OF OUTWARD INVESTMENT REGISTRATION

(According to the Investment Law, Decree 83/2015 / ND-CP dated September 25, 2015 of the Government on stipulating outward investment, Circular 09/2015 / TT-BKHDT dated October 23, 2015 of The Ministry of Planning and Investment issues form of outward investment document)

* FOR PROJECTS SUBJECT TO OUTWARD INVESTMENT POLICY DECISION

  1. PROCEDURES FOR GRANTING INVESTMENT REGISTRATION CERTIFICATES:

1, Proposal document for issuance of Certificate of outward investment registration for projects subject to Prime Minister’s decision on outward investment policies (according to Article 9 of Decree 83/2015 / ND-CP dated September 25, 2015 of the Government on regulating outward investment)

Outward investment projects fall within the policy decision competence of the Prime Minister as prescribed in Clause 2, Article 54 of the Investment Law, and compile dossiers according to Article 55 of the Investment Law.

Other equivalent documents certifying the legal status of the investor prescribed at Point b, Clause 1, Article 55 of the Investment Law include one of the following papers: Investment License; or investment certificate; or Certificate of investment registration for investors being foreign-invested enterprises in Vietnam; or certificate of business registration; or establishment decision.

Documents identifying locations of investment projects specified at Point c, Clause 1, Article 55 of the Investment Law applied to projects specified in Article 8 of this Decree.

The document of the tax authority certifying the investor’s fulfillment of tax payment obligations as of submission of investment project dossier prescribed in Clause 5, Article 58 of the Investment Law.

For outward investment projects of enterprises with 100% of charter capital held by the State, decisions on outward investment under Point e, Clause 1, Article 55 of the Investment Law include the following documents:

  1. a) The written consent of the owner’s representative agency permitting the investor to carry out the outward investment project, including: Investors, objectives, scale, form, location of investment, total investment capital, capital raising plan, capital structure, project implementation schedule, and investment efficiency targets to be achieved;
  2. b) Internal evaluation report on the proposal of the outward investment project, which is the basis for the approval of the representative agency as prescribed in Point a of this Clause.

Investors shall be responsible before the law for the accuracy and truthfulness of documents and contents of investment registration for carrying out procedures for outward investment in accordance with the Law on Investment, this Decree and the prescribed form.

2, Order and procedures of deciding on outward investment policy by Prime Minister

(According to Article 10 of Decree 83/2015 / ND-CP of September 25, 2015 of the Government on outward investment)

The investor submits 08 sets of application file for the Certificate of outward investment registration (including 01 original) to the Ministry of Planning and Investment; At the same time, register the investment information on the National Information System on foreign investment in Vietnam and Vietnam’s outward investment in accordance with Article 18 of this Decree.

A dossier is received by the Ministry of Planning and Investment when it has all documents and items specified in this Decree and has been registered on the National Information System on Foreign Investment in Vietnam and Vietnam’s outward investment.

The Ministry of Planning and Investment checks the validity of the dossier. In case the dossier is invalid or contains contents to be clarified, the Ministry of Planning and Investment shall notify the investor in writing within 05 working days from the date of receiving the dossier to complete the dossier.

The Ministry of Planning and Investment shall send the dossier for evaluation to the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the branch-managing ministries, the State Bank of Vietnam and the People’s Committees of the provinces and cities directly under the central government where the investor is headquartered within the time limit specified in Clause 2, Article 55 of the Investment Law.

The consulted agency must send written comments on the contents under its assigned state management competence to the Ministry of Planning and Investment within the time limit specified in Clause 3, Article 55 of the Investment Law. Past that time limit, if the consulted agencies have no written comments, they shall be considered to have approved investment project dossiers with regard to the contents of their assigned State management domains.

The Ministry of Planning and Investment shall organize the evaluation and make an evaluation report and submit it to the Prime Minister according to the contents and time limit specified in Clause 4, Article 55 of the Investment Law.

Within 10 days after receiving the evaluation report of the Ministry of Planning and Investment, the Prime Minister shall decide on outward investment policy according to the contents prescribed in Clause 5, Article 55 of the Investment Law.

For outward investment projects of enterprises with 100% of charter capital owned by the State, after obtaining a decision on outward investment policy, the owner representative agency shall decide on outward investment in accordance with Article 29 of the Law on Management and Use of State Capital Invested in Business and Production at Enterprises.

Within 5 working days after receiving the decisions specified in Clauses 7 and 8 of this Article, the Ministry of Planning and Investment shall grant outward investment registration certificates to investors, concurrently make copies to send to the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, branch-managing ministries, the State Bank of Vietnam and People’s Committees of the provinces and cities directly under the central government where the investor is headquartered.

In case the Prime Minister does not approve the outward investment policy, within 03 working days from the receipt of the written disapproval of outward investment policy, the Ministry of Planning and Investment sends a written notice of refusal to grant an outward investment registration certificate and clearly stating the reason to send the investor.