Regulations on Procedures for Issuing Certificates of Overseas Investment Registration

Procedure for Issuing a Certificate of Overseas Investment Registration - Illustrative Image.

To be specific: According to Article 61 of the Investment Law 2020, the procedure for issuing a Certificate of Overseas Investment Registration is stipulated as follows:

Firstly, for investment projects subject to approval of overseas investment policy, the Ministry of Planning and Investment shall issue a Certificate of Overseas Investment Registration to the investor within 05 working days from the date of receipt of the written approval of the investment policy and the overseas investment decision according to the Investment Law 2020.

Secondly, for investment projects not subject to approval of overseas investment policy, the investor shall submit the application for the Certificate of Overseas Investment Registration to the Ministry of Planning and Investment. The application includes:

- Written application for overseas investment registration;

- Documents on the legal status of the investor;

- Overseas investment decision according to the Investment Law 2020;

- Written commitment to self-balance foreign currency sources or declaration of commitment to arrange foreign currency for the investor from an authorized credit institution in case the capital in foreign currency transferred abroad is equivalent to 20 billion VND or more;

- For investment projects overseas in sectors and industries with conditional offshore investment as prescribed by relevant laws, the investor must submit a written approval from the competent state agency on the fulfillment of offshore investment conditions (if any).

Note: In cases where the capital in foreign currency transferred abroad is equivalent to 20 billion VND or more, the Ministry of Planning and Investment shall obtain written opinions from the State Bank of Vietnam.

Additionally, according to Clause 4, Article 61 of the Investment Law 2020, within 15 days from the date of receipt of the application, the Ministry of Planning and Investment shall issue the Certificate of Overseas Investment Registration; in case of refusal to issue the Certificate of Overseas Investment Registration, it must notify the investor in writing and clearly state the reasons.

For details, see more at Investment Law 2020, effective January 1, 2021.

Le Vy

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