Vietnam: What is the form of application for the certificate of offshore indirect investment registration of a securities trading organization?

Main Content

• What is the latest form of application for the certificate of offshore indirect investment registration in Vietnam?
• What is the dossier of application for the certificate of offshore indirect investment registration of a securities trading organization in Vietnam?
• What are the procedures for revoking the certificate of offshore indirect investment registration in case a securities trading organization voluntarily requests for revocation in Vietnam?

What is the latest form of application for the certificate of offshore indirect investment registration in Vietnam?

Form of application for certificate of offshore indirect investment registration specified in Appendix No. 01 issued together with Circular 105/2016 / TT-BTC. Below is an image of the Form of Application for the Certificate of Offshore Indirect Investment Registration:

Download the latest Overseas Indirect Investment Registration Form: Here.

Vietnam: What is the form of application for the certificate of offshore indirect investment registration of a securities trading organization?

What is the dossier of application for the certificate of offshore indirect investment registration of a securities trading organization in Vietnam?

Pursuant to Clause 1, Article 4 of Circular 105/2016 / TT-BTC stipulating the composition of the dossier of application for a certificate of offshore indirect investment registration of a securities trading organization includes:

- A filled-in form of application for the issuance of the certificate of registration of the outward portfolio investment, as formatted in Appendix 01 of this Circular;

- The record(s) of assemblies and written resolution(s) of the General shareholder's meeting or Members' Council, or the written decisions of the owner on approving the outward portfolio investment and relevant plan;

- The plan of outward portfolio investment, which envisions the host country, amount(s) of investment, source(s) of financing, invested asset(s), efficiency and other information;

- The written confirmation(s) by tax authorities of the fulfillment of financial obligations to the Government of Vietnam and the settlement of all taxes payable to the state budget upon submission of the application;

- The internal procedure for outward portfolio investments, which defines internal control, internal audit, risk identification and management related to the proprietary trading of outward portfolio investments;

- The written explanation(s) of technical facilities of the securities trading organization, which specifies the system of order transmission and storage for transacting outward portfolio investments;

- The copies of the certificate(s) of CFA (Chartered Financial Analyst), labor contract(s) and professional certificate(s) in financial analysis (for a securities company) or professional certificate(s) in fund management (for a fund management enterprise) of at least one (01) employee of the securities trading organization;

- The report on legal compliance with regard to the management and spending of state capital (for a securities trading organization holding state capital) for the year immediately preceding the year that the application is filed.

What are the procedures for revoking the certificate of offshore indirect investment registration in case a securities trading organization voluntarily requests for revocation in Vietnam?

Pursuant to Article 5 of Circular 105/2016 / TT-BTC stipulating the procedure for revoking the certificate of offshore indirect investment registration in case a securities trading organization voluntarily requests to revoke as follows:

Step 1: Create one (01) set, submit directly or send by post to the State Securities Commission, the dossier includes:

- A filled-in form of application for the revocation of the certificate of registration of the outward portfolio investment, as formatted in Appendix 02 of Circular 105/2016 / TT-BTC;

- The record(s) of assemblies and written resolution(s) of the General shareholder's meeting or Members' Council, or the written decisions of the owner on approving the termination of the outward portfolio investment;

- The written explanation(s) of the termination of the outward portfolio investment, which specifies reasons of the termination, investment realization result, investment recovery possibility, time of termination, plan for finalization of outward portfolio investments and relevant issues;

- The original certificate of outward portfolio investment registration.

Step 2: In seven (07) working days upon receiving the valid application as prescribed in Section 1 and Section 2 of this Article, the State Securities Commission shall issue a written decision to revoke the certificate of outward portfolio investment registration to the securities trading organization. A duplicate of such decision shall also be sent to the State Bank of Vietnam.