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

AUTHORITY

Ministry of Planning and Investment - MPI.

PROCEDURE



Step 1:

The investor submits the application dossier for issuance of the Outward Investment Registration Certificate at MPI;

Step 2:

MPI reports to the Prime Minister to establish the State Appraisal Council;

Step 3:

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

Step 4:

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

Step 5:

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

Step 6:

MPI returns results to individuals/organizations.

SUBMISSION OF DOSSIER

Directly at the Ministry of Planning and Investment.

DOSSIER



Number:

08 (eight) dossier sets, including 01 (one) original set.

Elements:

  1. Outward investment registration document;

  1. Documentation of investor's legal status;

  1. Investment project proposal;

  1. 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;

  1. Commitment to self-balancing foreign currency sources or written commitment to arrange foreign currency for investors of an authorized credit institution;

  1. The investor's decision to invest abroad;

  1. For outward investment project 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);

 

  1. The tax authority's document certifying the investor's fulfillment of tax payment obligations;

 

  1. Documents certifying the location of the outward investment project;

 

  1. Documents determining the form of outward investment;

 

  1.  Report on lending to outward economic organizations in case of offshore investment projects with this content;

 

  1.  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;

  1.  Other relevant documents.

ADMINISTRATIVE CHARGES

None.

DURATION

MPI reports to the Prime Minister to establish the State Appraisal Council;

05 working days from the date of receiving complete dossier;

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

90 days from the date of establishment;

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

At least 60 days before the opening of the National Assembly session;

The National Assembly considers and approves the Resolution on investment policies;

-

MPI issues an outward Investment Registration Certificate (in case the National Assembly approves the policy);

05 working days from the date of receipt of the National Assembly's written approval of investment policies and the decision on outward investment mentioned in Article 59 of the Law on Investment;

MPI refuses to issue an outward Investment Registration Certificate (in case the National Assembly does not approve the policy);

-

SUBJECT

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.

RESULT

Valid dossier: Outward investment registration certificate;

Invalid dossier: Notice of completion of application/rejection of IRC.

LEGAL BASIS

-   Law on Investment 2020;

-   Decree 31/2021/ND-CP detailing and guiding the implementation of a number of articles of the Law on Investment.


Last updated: 06/30/2021
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