Procedures for adjustment of outward investment registration certificate for projects subject to approval of outward investment guidelines

I.  The investor shall implement procedures for adjusting the Outward Investment Registration Certificate in the following cases:

1.  Change of the Vietnamese investor;

2.  Change of the investment form;

3.  Change of outward investment capital; sources of investment capital and form of such capital;

4.  Change of investment location with respect to the investment project requiring an investment location;

5.  Change of main objective of the outward investment activity;

6.  Use of profit derived from outward investment to reinvestment in the cases of continuing to contribute outward investment capital if capital has not yet been fully contributed as registered or increasing outward investment capital.

II.  Records for the procedure

1.  An application form for adjustment of the outward investment registration certificate;

2.  A document concerning the legal status of the investor;

3.  A report on operation of the investment project up to the date of submission of the application for adjustment of the investment registration certificate;

4.  A decision on adjustment to the outward investment activity or the documents issued by the authority representing the owner which approves the investor to adjust outward investment activities and report on internal appraisal of the state-owned enterprise's offshore investment proposal;

5.  A copy of the outward investment registration certificate;

6.  The tax authority’s certification of the investor’s fulfillment of the tax payment obligation in case of increasing the outward investment capital.  Such certification must be issued by the tax authority within the last 03 months.

7.  Proposing investment projects according to the prescribed contents.

8.  Documents proving the investor's financial capacity 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 investor's financial capacity;

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

10.  The document of the agency representing the owner approving the investor to conduct outward investment activities and the report on internal appraisal of the state-owned enterprise's outward investment proposal or the investment decision invest abroad;

11.  For outward investment projects in industries and trades with conditional outward investment, the investor shall submit a document from a competent state agency on satisfaction of the conditions for outward investment. in accordance with relevant laws (if any).

12.  Documents related to the adjustment.

III.  Legal basis

1.  Law on Investment No. 61/2020/QH14 on 17 June 2020

2.  Decree No. 31/2021/ND-CP on 26 March 2021 detailing and guiding the implementation of a number of articles of the Investment Law;

3.  Circular No. 03/2021/ND-CP on 09 April 2021 prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities.