What is the latest application form for adjustment of Outward Investment Registration Certificate in Vietnam in 2024?
- What is the latest application form for adjustment of Outward Investment Registration Certificate in Vietnam in 2024?
- What are the cases of adjustment of Outward Investment Registration Certificate in Vietnam?
- Vietnam: What is the application for adjustment of outward investment registration certificates of projects subject to approval for their outward investment guidelines?
What is the latest application form for adjustment of Outward Investment Registration Certificate in Vietnam in 2024?
The Minister of Planning and Investment issued Circular 25/2023/TT-BKHDT dated December 31, 2023 amending Circular 03/2021/TT-BKHDT on prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities.
Thus, the latest Application form for adjustment of Outward Investment Registration Certificate is made using form B.I.3 in Appendix B of Circular 25/2023/TT-BKHDT.
Note: Application form for adjustment of Outward Investment Registration Certificate is applicable to any applications for adjustment of the Outward Investment Registration Certificate.
Download Application form for adjustment of Outward Investment Registration Certificate
What is the latest application form for adjustment of Outward Investment Registration Certificate in Vietnam in 2024?
What are the cases of adjustment of Outward Investment Registration Certificate in Vietnam?
Pursuant to the provisions of Clause 1, Article 63 of the Law on Investment 2020, an investor shall follow procedures for adjusting the outward investment registration certificate in the following cases:
- Change of the Vietnamese investor;
- Change of the investment form;
- Change of outward investment capital; sources of investment capital and form of such capital;
- Change of investment location with respect to the investment project requiring an investment location;
- Change of main objective of the outward investment activity;
- Use of profit derived from outward investment in following cases:
+ Continuing to contribute outward investment capital if capital has not yet been fully contributed as registered;
+ Increasing outward investment capital;
Vietnam: What is the application for adjustment of outward investment registration certificates of projects subject to approval for their outward investment guidelines?
Pursuant to the provisions of Article 77 of Decree 31/2021/ND-CP, it clearly states the application for adjustment of outward investment registration certificates of projects subject to approval for their outward investment guidelines.
An application for adjustment of the outward investment registration certificate includes:
- An application form for adjustment of the outward investment registration certificate;
- A document about the investor’s legal status;
- A report on operation of the investment project up to the date of submission of the application for adjustment of the outward investment registration certificate;
- A decision on adjustment to the outward investment activity pursuant to Article 59 of the Law on Investment 2020 or the documents prescribed in Point e Clause 1 Article 57 of the Law on Investment 2020;
- A copy of the outward investment registration certificate;
- The tax authority’s certification of the investor’s fulfillment of the tax payment obligation in case of increasing the outward investment capital. Such certification must be issued by the tax authority within the last 03 months.
- 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;
- 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
- A commitment to themself balance sources of foreign currency or a commitment of an authorized credit institution to provide foreign currency for the investor;
- A document issued by the ownership representative agency 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 as prescribed in Clause 1 Article 59 of the Law on Investment 2020 or decision on outward investment as prescribed in Clause 2 Article 59 of the Law on Investment 2020
- With regard to an outward investment project in the business lines specified in Clause 1 Article 54 of the Law on Investment 2020, 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)
- The documents specified in Points c, d, dd, e and g Clause 1 Article 57 of the Law on Investment 2020 and Clauses 2, 4, 5, 6 and 7 Article 75 of Decree 31/2021/ND-CP related to the adjustments;
- Other relevant documents.
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