Procedures for issuance of outward investment registration certificate for projects not subject to approval of outward investment guidelines

I.  Subject implementing the procedure

Investors whose outward investment projects are not required to apply for approval of the outward investment guidelines of the National Assembly and the Prime Minister.

II.  Conditions for issuance of outward investment registration certificate

1.  Outward investment activities are suitable with the principles of conducting outward investment activities as prescribed.

2.  Outward investment activities do not involve any business line banned from outward investment and meet conditions for outward investment applicable to business lines subject to conditional outward investment.

3.  The investor makes a commitment to prepare foreign currencies itself/herself/himself or obtains a commitment to prepare foreign currencies from an authorized credit institution for the purposes of conducting outward investment activities.

4.  There is an outward investment decision as prescribed.

5.  There is a tax authority’s certification of the fulfillment of tax obligation by the investor. Such certification must be issued by the tax authority within the last 03 months.

III.  Records for the procedure

1.  An outward investment registration form;

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

3.  An outward investment decision;

4.  A commitment to balance foreign currency sources or a commitment of an authorized credit institution to provide foreign currencies for the investor;

5.  With regard to an outward investment project in the business lines subjected to conditional outward investment (banking; insurance; securities; press, radio and television; real estate business), the investor shall submit a certification of the investor’s fulfillment of conditions for outward investment issued by a competent authority in accordance with the relevant regulations of law (if any).

6.  Tax authority’s certification of the fulfillment of tax obligation by the investor. Such certification must be issued by the tax authority within the last 03 months

7.  The document specifying location of the outward investment project as prescribed.

8.  The document specifying the form of outward investment as prescribed.

IV.  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.