How many forms of outward investment are there in Vietnam today?

How many forms of outward investment are there in Vietnam today?

According to Clause 1, Article 52 of the Investment Law 2020, specific forms of overseas investment are as follows:

1. Investors shall carry out outward investment activities in the following forms:

a) Establishment of a business organization in accordance with the law of the host country;

b) Making investment on the basis of an overseas contract;

c) Contribution of capital to, purchase of shares or stakes of an overseas business organization to participate in management of such business organization;

d) Trading in securities, other financial instruments, or making investment via securities investment funds and other intermediary financial institutions in a foreign country;

dd) Other forms of investment prescribed by law of the host country.

When is the overseas investment registration certificate granted for the project is subject to approval for its outward investment guidelines in Vietnam?

According to Clause 1, Article 61 of the Investment Law 2020  stipulates the time limit for issuing overseas investment registration certificates for projects is subject to approval for its outward investment guidelines, specifically as follows:

1. If the investment project is subject to approval for its outward investment guidelines, the Ministry of Planning and Investment shall issue the outward investment registration certificate to the investor within 05 working days from receipt of the written approval for investment guidelines and the outward investment decision prescribed in Article 59 of this Law.

05 conditions for issuing outward investment registration certificates in Vietnam

According to Article 60 of the Investment Law 2020, the conditions for granting an outward investment registration certificate are as follows:

1. Outward investment activities shall adhere to the rules prescribed in Article 51 of this Law.

2. Outward investment activities do not involve any business line banned from outward investment as prescribed in Article 53 of this Law and conditions for outward investment applicable to business lines subject to conditional outward investment as prescribed in Article 54 of this Law are satisfied.

3. The investor makes a commitment to prepare foreign currencies themself 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 in Article 59 of this Law.

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.

Best Regards!