Outward investment registration
08:40 - 09/09/2021
Outward investment registration
According to Article 63, Law on Investment 2020, when having a demand to adjust the contents of an outward investment project (outbound investment project) which are related to the investor, location, objectives or scale of investment, investment capital, capital sources, investment schedule, investment incentives, or use of profits or project implementation, the investor shall submit a dossier for modification of outward investment registration certificate (“outward investment registration certificate”)
Outward investment registration
According to Article 63, Law on Investment 2020, when having a demand to adjust the contents of an outward investment project (outbound investment project) which are related to the investor, location, objectives or scale of investment, investment capital, capital sources, investment schedule, investment incentives, or use of profits or project implementation, the investor shall submit a dossier for modification of outward investment registration certificate (“outward investment registration certificate”)
1. An application for adjustment of the outward investment registration certificate
According to clause 3 Article 63 Law on Investment 2020, 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 this Law or the documents prescribed in Point e Clause 1 Article 57 of this Law;
- 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.
2. The procedures on the modification of outward investment registration certificate.
Step 1: Submitting a dossier for modification of outward investment registration certificate to the Department of Planning and Investment.
Step 2: the Department of Planning and Investment modifies outward investment registration certificate within 15 days from the day fully receiving the dossier regulating in clause 2 of this Article.
If the investment project is subject to approval for its outward investment guidelines, the Ministry of Planning and Investment shall follow procedures for approving the adjustment to the outward investment guidelines before adjusting the outward investment registration certificate as prescribed
If the adjustment to the outward investment registration certificate results in the investment project being subject to approval for its outward investment guidelines, the investor has to apply for approval for outward investment guidelines before adjusting the outward investment registration certificate.
If a request for adjustment of an investment project results in the project being subject to approval for its investment guidelines by an authority at a higher level, such authority will have the power to approve the adjustment to outward investment guidelines.
Hnlaw & Partners Law Firm
Hotline: 0912.918.296
Email: tuvan.hnlaw@gmail.com
