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

I.  Subject implementing the procedures

Investors whose outward investment projects are required to apply for approval of the outward investment guidelines of the National Assembly or 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.  A proposal for the investment project containing at least: form, objectives, scale, and investment location; preliminary determination of investment capital, capital raising plan and structure of capital sources; project execution schedule, investment phases (if any); preliminary analysis of the efficiency of the project;

4.  Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years of the investor; a parent company’s commitment to provide financial support; a financial institution’s commitment to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;

5.  Commitment to self-balancing foreign currency sources together with a credit institution's document confirming the investor's foreign currency account balance or a commitment of an authorized credit institution to provide foreign currency for the investor;

6.  A document issued by the agency representing the owner which approves the investor to carry out outward investment activities, and report on internal appraisal of the outward investment proposal of the state-owned enterprise or decision on outward investment of the non-state owned enterprise;

7.  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 written 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);

8.  The tax authority’s certification of the investor’s fulfillment of the tax payment obligation;

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

10.  The document specifying the form of outward investment as prescribed;

11.  A report on issuance of loan to foreign business organization;

12.  The document confirming the fulfillment of the guarantee obligation that arises in the case where the outward investment project contains the investor's guarantee to grant a loan for project execution;

13.  Other relevant documents.

IV.  Legal basis

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

2.  Decree No. 29/2021/ND-CP on provisions on the order, procedures for assessment of national important projects and investment supervision and evaluation;

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

5.  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.