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OUTWARD INVESTMENT REGISTRATION

Regulations on procedures for grant, adjustment and invalidation of the Certificate of outward investment registration.

Currently, the demand for outward investment in Vietnamese businesses is currently increasing. In comparison to earlier laws, the Investment Law 2014 specifies the procedures for issuing, amending, and terminating the validity of the Certificate of outward investment registration in a more detailed, clear, and transparent manner. The Binh Dinh Investment Promotion Center would like to provide the following regulations:

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1. Procedures for granting the Certificate of registration of outward investment

- If the project is subject to the issuance of a decision on outward investment policies, the Ministry of Planning and Investment shall issue the Certificate of outward investment registration to the investor within 05 working days from the day on which the decision on investment policies is received.

- If the project is not subject to the issuance of a decision on outward investment policies, the investor shall submit an application for Certificate of investment registration to the Ministry of Planning and Investment. The dossiers consist of:

a)&nbsp; An outward investment registration form;

b) A copy of the ID Card/Citizen ID Card or passport if the investor is an individual; a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor if the investor is an organization;

c) The decision on outward investment of the investor;

d) A commitment to balance foreign currency sources, or a commitment of a permitted credit institution to provide foreign currencies for the investor to carry out outward investment activities;

đ) With regard to a project of outward investment in banking, securities, science and technology, the investor shall submit a written certification of the investor&rsquo;s fulfillment of conditions outward investment issued by a competent authority in accordance with the Law on credit institutions, the Law on Securities, the Law on science and technology, and the Law on Insurance Business.

Within 15 working days from the submission date if the application is valid, the Ministry of Planning and Investment shall grant the Certificate of outward investment registration. If the application is rejected, the investor must be notified in writing and provided with explanation.

2. Adjusting Certificate of registration of outward investment

- Where it is necessary to make changes to an outward investment project in terms of the investor, location, objectives, scale, capital, capital sources, investment schedule, investment incentives, use of profit for overseas project execution, the investor shall submit an application for adjustments to the Certificate of outward investment registration to the Ministry of Planning and Investment.

- An application for adjustments to Certificate of registration of outward investment consists of:

a) A written request for adjustments to the Certificate of outward investment registration;

b) A copy of the ID Card/Citizen ID Card if the investor is an individual; a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor if the investor is an organization;

c) A report on operation of the project up to the date of submission of the application for adjustments to Certificate of registration of outward investment;

d) The Decision on changes to the outward investment project of agencies, organizations and individuals;

đ) A copy of the Certificate of outward investment registration;

e) A Certification of the investor&rsquo;s fulfillment of tax obligation granted by the tax authorities up to the date of submission of the project dossier in the case of adjustment to increase the outward investment capital.

Period for adjusting the Certificate of outward investment registration shall be within 15 working days from the submission date if the application is valid.

- If the project is subject to issuance of a decision on outward investment policies, when making adjustments in terms of the investor, location, objectives, scale, capital, capital sources, investment schedule, investment incentives, use of profit for overseas project execution, the Ministry of Planning and Investment shall follow procedures for issuance of a decision on outward investment policies before adjusting the Certificate of outward investment registration

- If the investor&rsquo;s proposal for adjustments to the Certificate of outward investment registration makes the project subject to issuance of a decision on investment policies, the Ministry of Planning and Investment shall follow the procedures for issuance of a decision on investment policies before adjusting the Certificate of outward investment registration.

3. Termination of an outward investment project

A outward investment project shall be terminated in the following cases:

a) The investor decides to terminate the project;

b) The project duration is over;

c) The project is terminated according to the regulations of the contract or company&rsquo;s charter;

d) The investor transfers all of overseas capital to a foreign investor;

đ) The project is not approved by the host country after 12 months from the date of issue of the Certificate of outward investment registration, or the project is not commenced after 12 months from the day on which it is approved by a competent authority of the host country;

e) The investor fails to execute the project or is not able to execute the project according to the registered schedule after 12 months from the date of issue of the Certificate of investment registration, and does not adjust the investment schedule;

g) The investor fails to submit a written report on the operation of the project after 12 months from the day on which the annual tax declaration or an equivalent document is available as prescribed by the host country&rsquo;s law;

h) The overseas business organization is dissolved or goes bankrupt as prescribed by the host country&rsquo;s law;

i) The project is terminated under the decision or judgment of the court or arbitral tribunal.

The Ministry of Planning and Investment shall invalidate the Certificate of outward investment registration in the cases as mentioned above.

TIPC L&acirc;m Đồng

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