Regulations on termination of the validity of the Overseas Investment Registration Certificate

Currently, many investors no longer have the need to carry out their overseas investment projects. Through this article, Gia Luat respectfully provides our valued clients with several regulations related to the termination of the validity of the Overseas Investment Registration Certificate.

1. According to the regulations, the Overseas Investment Registration Certificate shall become invalid in the following cases:

a) The investor decides to terminate the operation of the investment project;

b) The investment project reaches the end of its operational term as prescribed by the laws of the host country;

c) The project is terminated under conditions specified in contracts or the company’s charter;

d) The investor transfers all of their overseas investment capital to a foreign investor;

e) More than 24 months have passed since the issuance of the Overseas Investment Registration Certificate without the investor implementing or being able to implement the project in accordance with the registered schedule, and without conducting procedures to adjust the implementation schedule with the competent authorities;

f) The foreign economic organization is dissolved or declared bankrupt according to the laws of the host country;

g) In accordance with court judgments, decisions, or arbitral awards.

Accordingly, the investor is responsible for carrying out the procedures for terminating the overseas investment project in accordance with the laws of the host country, as well as the procedures for terminating the validity of the Overseas Investment Registration Certificate.

2. Required documents:

The investor must submit two sets of application dossiers for termination of the validity of the Overseas Investment Registration Certificate (including one original set) to the Ministry of Finance, including the following documents:

a) A written request for termination of the validity of the Overseas Investment Registration Certificate;

b) The original Overseas Investment Registration Certificates previously issued;

c) The decision to terminate the overseas investment project;

d) Documents proving that the investor has completed the closure, liquidation of the project, and the repatriation of all money, assets, and revenues resulting from the closure and liquidation;

e) Documents verifying the legal status of the investor.