According to Article 6 of Decree No. 103/2026/ND-CP regulations on outward investment capital are as follows:
- Sources of outward investment capital include money and other lawful assets of investors, comprising equity capital, loans raised in Vietnam and transferred abroad, and profits derived from outward investment projects that are retained for reinvestment abroad.
- Money and other lawful assets mentioned above include:
+ Foreign currency held in accounts at licensed credit institutions or purchased from licensed credit institutions in accordance with the law;
+ Vietnamese Dong in compliance with the laws on foreign exchange management of Vietnam;
+ Machinery, equipment, materials, raw materials, fuels, finished goods, and semi-finished goods;
+ Value of intellectual property rights, technology, and rights to assets;
+ Shares, capital contributions, and projects of investors exchanged at economic organizations in Vietnam and abroad in accordance with Clause 4 of this Article;
+ Other lawful assets in accordance with civil law.
- Outward investment capital shall be used for capital contribution; lending to overseas economic organizations; payment for the purchase of shares or capital contributions; and performance of guarantee obligations arising (if any) to carry out outward investment in the forms prescribed in Points a, b, c, and d Clause 1 Article 39 of the Law on Investment 2025.
Amounts of capital already transferred abroad, when recovered and remitted back to Vietnam, shall not be counted as outward investment capital transferred abroad and shall not be included in the outward investment capital limit specified in the Certificate of Outward Investment Registration.
The determination of capital amounts recovered and remitted back to Vietnam as prescribed in this Clause shall be based on dossiers and documents provided by the investor, as well as foreign exchange transaction information managed by the State Bank of Vietnam.
The investor shall be responsible for proving the amounts of capital transferred abroad and recovered in accordance with the regulations of the State Bank of Vietnam.
- Vietnamese investors may use shares, capital contributions, profits of overseas economic organizations, or their investment projects in Vietnam to pay for or exchange for shares, capital contributions, or investment projects of overseas economic organizations in accordance with the law. The implementation of such transactions must comply with the following principles:
+ Vietnamese investors must complete outward investment procedures in accordance with the law before carrying out exchange transactions;
+ Exchange transactions must have documents evidencing the transaction value based on market principles, ensuring compliance with laws on taxation, anti-money laundering, counter-terrorism financing, anti-transfer pricing, and other relevant laws;
+ Where exchange transactions result in foreign investors acquiring shares, capital contributions, or investment projects in Vietnam, such foreign investors must carry out investment procedures in Vietnam in accordance with the laws on investment, enterprises, and other relevant laws;
+ The implementation of exchange transactions must comply with the laws on investment, enterprises, competition, banking, and other relevant laws; must not give rise to ownership or control relationships in violation of the law or be used for transfer pricing, tax evasion, money laundering, or other unlawful acts.
- The outward investment capital equivalent in Vietnamese Dong stated in the written investment registration shall be calculated based on the foreign exchange selling rate of a licensed credit institution authorized to provide foreign exchange services in Vietnam, at the time of the project's dossier preparation.
- The outward investment capital in Vietnamese Dong used as a basis for determining the category of projects subject to issuance of a Certificate of Outward Investment Registration and the authority to approve such projects shall be determined by the authority receiving the dossier for implementation of outward investment procedures based on the foreign exchange selling rate of the credit institution specified in Clause 5 of this Article, at the time of dossier submission.
See more details in Decree No. 103/2026/ND-CP effective as of April 3, 2026.
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