Issuance of investment registration certificates abroad - projects of enterprises with 100% state capital are subject to the Prime Minister's decision on investment guidelines

AUTHORITY

Ministry of Planning and Investment - MPI.

PROCEDURE



Step 1:

Investors register investment information on the National Investment Information System;

Step 2:

Investors submit the application dossier for issuance of the Investment Registration Certificate abroad at MPI;

Step 3:

MPI sends dossiers to get appraisal opinions from relevant agencies;

Step 4:

The consulted agency shall reply to the contents under its assigned management competence and send it to the MPI;

Step 5:

MPI organizes appraisal and prepares appraisal report to submit to the Prime Minister. During the appraisal process, if there is any content that needs to be clarified, MPI shall notify the investor in written document. If the project is not eligible to submit to the Prime Minister for consideration and approval of the outward investment policy after explaining and supplementing, the MPI shall notify to stop considering the dossier;

Step 6:

The Prime Minister shall decide on outward investment policies;

Step 7:

After the policy decision is issued, the agency representing the owner shall decide to invest abroad in accordance with the Law on Management and Use of State Capital invested in production and business in enterprises;

Step 8:

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;

2.    Documentation of Investor's legal status;

3.    Investment project proposal;

4.    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;

5.  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-balance foreign currency sources, it must be enclosed with a document from a credit institution certifying the investor's foreign currency account balance;

6.   Document of the owner's representative agency approving the investor to conduct outward investment activities;


7.    Internal appraisal report on the investor's outward investment proposal;    


8.  For outward investment projects in the fields of banking, insurance, securities, press, radio and television, real estate business, investor shall submit documents from competent state agencies to satisfy the conditions for outward investment in accordance with relevant laws (if any);

 

 

 9.  Report on lending to outward economic organizations in case of the outward investment project is stated with this content;

 

 

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

 

 

 11.  Documents determining the form of outward investment;

 

 

 12. 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;

 

 

 13.   Other relevant documents.

ADMINISTRATIVE FEES

None.

 

DURATION

Investors submit dossiers on MPI;

 15 days after the date of registration on the National Investment Information System;

MPI sends a dossier to consult appraisal opinions of relevant agencies;

03 working days from the date of receiving complete dossier;

The consulted agency has an appraisal opinion on the contents under its management;

15 days from the date of receiving the dossier;

MPI organizes appraisal, prepares reports to submit to the Prime Minister;

30 days from the date of receiving the dossier;

The Prime Minister decides the policy;

10 days from the date of receipt of the MPI appraisal report;

MPI issues an outward Investment Registration Certificate (in case the Prime Minister approves the policy);

05 working days from the date of receiving the investment policy approval from the Prime Minister and the decision on outward investment from the representative agency of the owner;

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

03 working days from the date of receipt of the written disapproval of the investment policy.

SUBJECT

Investors (state enterprises) investing in projects in the fields of banking, insurance, securities, press, radio, television and telecommunications with outward investment capital of 400 billion VND or more;

Investors (state enterprises) investing in projects other than those mentioned above have an outward investment capital of 800 billion VND or more.

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.