Issuance of Outward Investment Registration Certificate – projects subject to decision on investment guidelines by the National Assembly

Issuance of Outward Investment Registration Certificate – projects subject to decision on investment guidelines by the National Assembly

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.

Procrdure for applying Outward Investment Registration Certificate – projects subject to decision on investment guidelines by the National Assembly

2.1. Projects subject to decision on investment guidelines by the National Assembly

– Investors investing in projects with outward investment capital of 20,000 billion VND or more;

– Investors investing in projects requiring the application of special mechanisms and policies need to be decided by the National Assembly.

2.2. Procedure:

– Investors register investment information on the National Investment Information System, and submits 08 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 reports to the Prime Minister to establish the State Appraisal Council;

– The State Appraisal Council shall organize the appraisal and make an appraisal report to submit to the Government;

– The Government shall send the application for approval of the investment policy to the agency in charge of the verification of the National Assembly;

– The National Assembly considers and passes a Resolution on approval of outward investment policies;

– Ministry of Planning and Investment returns results to individuals/organizations.

2.3. How to perform

– Submit directly at the headquarters of Ministry of Planning and Investment.

2.4. Doissier

Outward investment registration documents;
Documentation of investor’s legal status;
Investment project proposal;
Documents proving the financial capacity of the investor include at least one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the financial capacity of the investor;
Commitment to self-balancing 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 self-balancing foreign currency sources, it shall be enclosed with the written confirmation of the investor’s foreign currency account balance by a credit institution;
The investor’s decision to invest outward;
For offshore investment projects in the fields of banking, insurance, securities, press, radio and television, real estate business, investors shall submit documents from competent state agencies to satisfy the conditions for outward investment in accordance with relevant laws (if any);
The tax authority’s document certifying the investor’s fulfillment of tax payment obligations;
Documents certifying the location of the outward investment project;
Documents determining the form of outward investment;
Report on lending to outward economic organizations in case the outward investment project included this content;
Documents identifying the performance of guarantee obligations arising in the case of an outward investment project with the content that the investor lends a loan to an outward economic organization for the implementation of the investment project;
Other relevant documents.

References

National Investment Information System, Ministry of Planning and Investment:

https://vietnaminvest.gov.vn/SitePages/home.aspx