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Issuance of Outward Investment Registration Certificate – Project is not subject to decision on investment guidelines
Issuance of Outward Investment Registration Certificate – Project is not subject to decision on investment guidelines
- Legal Basis
– Law on Investment61/2020/QH14 dated June 17, 2020;
– Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of Law on Investment;
– Circular No. 03/2021/TT-BKHDT dated April 9, 2021 of the Ministry of Planning and Investment stipulating sample documents and reports related to investment activities in Vietnam and Outward investment and investment promotion.
- Procedure for applying an Outward Investment Registration Certificate – Project is not subject to decision on investment guidelines
2.1. Procedure
– Investors register investment information on the National Investment Information System, and submits 03 dossier sets (including 01 original set) for the Ministry of Planning and Investment. Dossiers are received by the Ministry of Planning and Investment when there are enough documents and quantities according to regulations;
– Ministry of Planning and Investment checks the validity of the dossier. In case the dossier is invalid or has content that needs to be clarified, the Ministry of Planning and Investment shall notify the Investor in writing within 05 working days from the date of receipt of the dossier;
– Ministry of Planning and Investment collects written opinions from the State Bank of Vietnam (only for projects with capital remitted abroad of 20 billion VND or more). Within 07 working days from the date of receiving the written opinion, the State Bank of Vietnam will respond in writing to the Ministry of Planning and Investment;
– Within 15 days from the date of receiving a valid dossier, the Ministry of Planning and Investment shall issue an Outward Investment Registration Certificate, which records the investment project code as prescribed in Article 37. Decree 31/2021/ND-CP, and send copies to the State Bank of Vietnam, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor, War Invalids and Social Affairs, Provincial People’s Committee where the Investor is headquartered or registered for permanent residence, the tax authority where the Investor’s tax payment obligations are confirmed, and the Investor’s owner representative agency ( if any);
– In case the application is invalid or does not meet the conditions for issuance of the Outward Investment Registration Certificate, the Ministry of Planning and Investment shall issue a written notice of refusal and clearly state the reason to Investors.
2.2. How to perform
– Through the postal system;
– Submit directly at the headquarters of Ministry of Planning and Investment;
– Submit online on the National Investment Information System as prescribed in Article 80 of Decree No. 31/2021/ND-CP.
2.3. Dossiers
(i) Outward investment registration documents;
(ii) Documentation of investor’s legal status;
(iii) Decision on outward investment;
(iv) A written commitment to self-balance foreign currency sources or a written commitment to arrange foreign currency for investors of an authorized credit institution. In case the investor chooses to submit a written commitment to arrange foreign currency by themselves, it must be enclosed with a document from a credit institution certifying the investor’s foreign currency account balance;
(v) Written approval of a competent state agency on the satisfaction of outward investment conditions (For outward investment projects in the fields of banking, insurance, securities, press, radio, television, real estate business) (if any);
(vi) The tax authority’s document certifying the investor’s fulfillment of tax payment obligations;
(vii) Documents determining the form of outward investment;
(vii) Documents certifying the location of the outward investment project.
- References
National Investment Information System, Ministry of Planning and Investment:
