THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 83/2015/NĐ-CP
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Hanoi, September 25, 2015
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DECREE
REGULATIONS ON OUTWARD INVESTMENT
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Government organization dated December 25, 2001;
At the request of the
Minister of Planning and Investment,
The Government promulgates
the Decree providing regulations on outward investment.
Chapter
I
GENERAL
PROVISIONS
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1. Decree details
activities of outward investment for business purposes; procedures on outward
investment and state administration on outward investment as prescribed in
Points a, b, c, and dd, Clause 1, Article 52 of the Law on Investment.
2. Outward investment in
the area of oil and gas and outward investment in the manners as prescribed in
Point d, Clause 1, Article 52 of the Law on Investment are implemented in
according to other provisions set out by the Government.
3. In case the investor
requests outward investment in the manner as prescribed in Point dd, Clause 1,
Article 52 of the Law on Investment which are not yet regulated by laws of
Vietnam, the Prime Minister shall review and make decisions based on requests
by the Ministry of Planning and Investment.
Article
2. Regulated entities
1. The investor includes:
a) Economic organizations
which are established and operated under the Law on Enterprise;
b) Cooperatives and
unions of cooperatives which are established and operated as prescribed in the
Law on Cooperatives;
a) Credit institutions
which are established and operated under the Law on Credit Institutions;
d) Business households
and individuals of Vietnamese nationality;
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2. State administration
agencies and Vietnam’s representative bodies overseas;
Article
3. Interpretation of terms
In this Decree, some
terms are construed as follows:
1. Outward investment
means the investor’ activities of transferring capital, or payment for purchase
of part or whole of business establishments, or establishment of ownership for
implementing business activities outside Vietnam’s territory; and direct
involvement in management of such investment activities.
2. Foreign economic
organizations mean economic organizations that are established or registered
for overseas operation in accordance with laws of the country or territory that
receives investment of which Vietnamese investor owns part or whole of the
investment capital.
3. An eligible investment
project dossiers mean the dossiers that contain adequate components, quantities
and fully declared in accordance with the Law on Investment, this Decree and
prescribed forms.
4. National portal on
foreign investment (or inward investment) means the portal used for performing
procedures for issuance and adjustment of Investment Registration Certificate
and Outward Investment Registration Certificate; for posting and updating legal
documents, policies, procedures and requirements for investment with respect to
foreign investors, economic organizations and organizations and individuals
that perform outward investment. Domain name of the national portal on foreign
investment is dautunuocngoai.gov.vn or fdi.gov.vn
5. National data on
outward investment means a collection of information about outward investment
projects across the country that is stored and managed in the national
information system on inward investment and outward investment. Information
stored in national database on outward investment is original information about
outward investment projects.
6. The national
information system on inward and outward investment means professional
information system on inward and outward investment that is established and
operated by the Ministry of Planning and Investment in cooperation with
agencies in order to send, receive, store, and display data to serve state
administration duties on outward investment.
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Outward investment
capital is represented in the following forms:
1. Foreign currency on
accounts of credit institutions permitted to trade in foreign currencies or
foreign exchange from legal capital according to law provisions.
2. Vietnam dong in
accordance with regulations on management of foreign exchange;
3. Machinery, equipment,
raw materials, fuel, goods of finished and semi-finished products;
4. Value of industrial property
rights, technical know-how, technology process, technical services,
intellectual property rights and brands;
5. Other legal assets;
Article
5. Language used in outward investment dossiers
1. Investment project
dossiers, documents and reports sent to Vietnamese regulatory agencies are made
in Vietnamese.
2. In case the investment
project dossiers are made in foreign language, the investor must submit a copy
in foreign language accompanied by Vietnamese version.
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Article
6. Codes of outward investment projects
1. Codes of investment
projects as prescribed in Clause 1, Article 60 of the Law on Investment mean a
serial number of nine digits automatically created by the national information
system on outward investment and printed on Outward investment registration
certificate. Codes of investment projects are formed with the first four digits
being taken from the year of issuance of Outward investment certificate and the
next five digits advancing equally from 00001.
2. Each investment
project is given only one code unchanged during the operation of the project
and not given to other projects. Codes of investment projects shall be removed
when Outward investment certificates expire.
3. State management
agencies agree on the use of codes of investment projects for management and
exchange of information on investment projects.
4. For investment
projects that are implemented under investment license, outward investment
certificates or other similar certificates, codes of investment projects are
numbers of investment license, outward investment certificates or other similar
papers issued to investment projects. In case the investment license, Outward
investment certificate or other similar papers are adjusted, the investment
project shall be given a new code as prescribed in Clause 1 of this Article.
Article
7. Outward investment using state capital
Requirements, authority
and procedures on making decisions on investment with respect to outward
investment projects using state capital are implemented in accordance with the
Law on Management and Use of State Capital in production and business at
enterprises and other law provisions.
Article
8. Project sites
1. Following investment
projects must include documents specifying project sites:
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b) Projects on
cultivation, catching and processing of agricultural, forestry and aquaculture
and seafood products;
c) Projects on
exploration, exploitation and processing of mineral products;
d) Projects on investment
and construction of manufacturing, processing facilities;
dd) Real estate and
infrastructure construction and business projects;
2. Documents specifying
project sites include:
a) Investment licenses or
other papers of equivalent value from the host country or territory of which
information on location and scale of land use is included;
b) Decisions on
allocation of land, lease of land issued by competent agencies;
c) Contract awarding
agreement, contracts for land allocation, land lease; contracts for investment
and business cooperation of which locations and scale of land use are
specified;
d) Principal agreements
on allocation of land, lease of land, lease of business locations; agreements
on investment and business cooperation signed with competent agencies,
organizations, and individuals from the country or territory that receives
investment;
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PROCEDURES
ON ISSUANCE AND ADJUSTMENT OF OUTWARD INVESTMENT CERTIFICATES FOR PROJECTS
REQUIRING OUTWARD INVESTMENT DECISIONS
Article
9. Requests for issuance of outward investment certificates for projects within
competence of the Prime Minister
1. Documentation of outward
investment projects within competence of the Prime Minister as prescribed in
Clause 2, Article 54 of the Law on Investment is prescribed in Article 55 of
the Law on Investment.
2. Other equivalent
papers confirming legal capacity of the investor as prescribed in Point b,
Clause 1, Article 55 of the Law on Investment include investment license or
investment registration certificate (in case the investor is a foreign-invested
enterprise in Vietnam), or Certificate of Business registration, or Establishment
Decision.
3. Documents specifying
project sites as prescribed in Point c, Clause 1, Article 55 of the Law on
Investment are applied to projects as prescribed in Article 8 hereof.
4. Tax agency’s written
confirmations on fulfillment of tax obligations by the investor up to the time
of submission of investment project documentation as prescribed in Clause 5,
Article 58 of the Law on Investment.
5. For outward investment
projects that belong to enterprises of which 100% charter capital is held by
the State, the outward investment decision as prescribed in Point e, Clause 1,
Article 55 of the Law on Investment include following documents:
a) Written permission
granted by owners of enterprises of which 100% charter capital is held by the
State (hereinafter referred to as Owner) to the investor for carrying out
outward investment projects that include following main information: the
investor, objectives, scale, manner, location, total investment capital,
capital mobilization, capital source structure, project progress and investment
efficiency criteria to be achieved.
b) Reports on internal
assessment of proposals for outward investment as the basis for the Owner to
grant approval as prescribed in Point a of this Clause.
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Article
10. Order and procedures for issuance of outward investment decisions by the
Prime Minister
1. The investor shall
submit eight sets of applications (one of which is original) to the Ministry of
Planning and Investment for issuance of Outward investment certificates; at the
same time register investment information on the national information system on
inward investment and outward investment as prescribed in Article 18 hereof.
2. The applications shall
be received by the Ministry of Planning and Investment when they fully include
document items as prescribed hereof and are registered on the national information
system on inward investment and outward investment.
3. The Minister of
Planning and Investment shall inspect eligibility of the applications. In case
the application is ineligible or needs clarifying some information, within five
working days since receipt of the application, the Ministry of Planning and
Investment shall issue a written notice to the investor for completion.
4. The Ministry of
Planning and Investment shall submit requests for suggestions from the Ministry
of Finance, the Ministry of Labor, Invalids and Social Affairs, managing
Ministries, the State Bank of Vietnam and People’s committees of
central-affiliated cities and provinces where the investor is headquartered
within a time limit as prescribed in Clause 2, Article 55 of the Law on
Investment.
5. Agencies that provide
suggestions must send suggestions in writing within their competence of state
administration to the Ministry of Planning and Investment within the time limit
as prescribed in Clause 3, Article 55 of the Law on Investment. After the time
limit as prescribed, no suggestions in writing are provided, the application is
deemed approved with respect to issues within state administration competence.
6. The Ministry of
Planning and Investment shall organize assessment and making reports to the
Prime Minister according to information and time limit as prescribed in Clause
4, Article 55 of the Law on Investment.
7. Within 10 days since
receipt of the assessment report from the Ministry of Planning and Investment,
the Prime Minister shall issue outward investment decisions according to
information as prescribed in Clause 5, Article 55 of the Law on Investment.
8. For outward investment
projects that belong to enterprises of which 100% charter capital is held by the
State, upon receipt of outward investment decision, the Owner shall make
decisions on outward investment as prescribed in Article 29 of the Law on
Management and Use of state capital in production and business in enterprises.
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10. In case of rejection
by the Prime Minister, within three working days since receipt of written
rejection, the Ministry of Planning and Investment shall issue a written
refusal to grant the Outward investment certificate to the investor.
Article
11. Requests for adjustment of outward investment certificates for projects
within competence of the Prime Minister
1. Requests for
adjustment of Outward investment certificates for projects within competence of
the Prime Minister are prescribed in Clause 2, Article 61 of the Law on
Investment.
2. Other equivalent
papers confirming legal capacity of the investor as prescribed in Point b,
Clause 1, Article 55 of the Law on Investment include Investment license or
Investment registration certificate (in case the investor is a foreign-invested
enterprise in Vietnam), or Certificate of business registration, or
Establishment decision.
3. Documents as
prescribed in Points c, d, dd, g, Clause 1, Article 55 of the Law on Investment
and Clause 3, Article 9 hereof in connection with adjustments.
4. The investor shall be
responsible to the law for accuracy and honesty of documents and registration
information as prescribed in the Law on Investment, this Decree and prescribed
forms.
Article
12. Order and procedures for adjustment of outward investment projects made by
the Prime Minister
1. The investor shall
submit eight sets of applications (one of which is original) to the Ministry of
Planning and Investment for making adjustments to the Outward investment
certificate; at the same time register investment information on the national
information system on inward investment and outward investment as prescribed in
Article 18 hereof.
2. The applications shall
be received by the Ministry of Planning and Investment when they fully include
document items as prescribed hereof and are registered on the national
information system on inward investment and outward investment.
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4. The Ministry of
Planning and Investment shall submit requests for suggestions from the Ministry
of Finance, the Ministry of Labor, Invalids and Social Affairs, managing
Ministries, the State Bank of Vietnam and People’s committees of
central-affiliated cities and provinces where the investor is headquartered
within a time limit as prescribed in Clause 2, Article 55 of the Law on
Investment.
5. Agencies that provide
suggestions must send suggestions in writing within their competence to the
Ministry of Planning and Investment within the time limit as prescribed in
Clause 3, Article 55 of the Law on Investment. After the time limit as
prescribed, no suggestions in writing are provided, the adjustments are deemed
approved with respect to issues within state administration competence.
6. The Ministry of
Planning and Investment shall organize assessment of the adjustments and make
the submission to the Prime Minister according to time limit as prescribed in
Clause 4, Article 55 of the Law on Investment.
7. Within 10 days since
receipt of the assessment report from the Ministry of Planning and Investment,
the Prime Minister shall make decisions.
8. For outward investment
projects that belong to enterprises of which 100% charter capital is held by
the State, upon receipt of decisions, the Owner shall make decisions on
investment as prescribed in Article 29 of the Law on Management and Use of
state capital in production and business in enterprises.
9. Within five working
days since receipt of decisions as prescribed in Clauses 7 and 8 of this Article,
the Ministry of Planning and Investment shall make adjustments to the Outward
investment certificate and send each of its copy to the Ministry of Finance,
the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social
Affairs, managing Ministries, the State Bank of Vietnam and People’s committees
of central-affiliated cities and provinces where the investor is headquartered.
10. In case of rejection
by the Prime Minister, within three working days since receipt of written
rejection, the Ministry of Planning and Investment shall issue a written
refusal to adjust the Outward investment certificate and state the reasons to
the investor.
Article
13. Outward investment projects within competence of the National Assembly
Documentation, order and
procedures for the National Assembly to make decisions on outward investment
are prescribed in Article 56 of the Law on Investment and other Governmental
decrees.
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PROCEDURES
ON ISSUANCE AND ADJUSTMENT OF OUTWARD INVESTMENT CERTIFICATES FOR PROJECTS
OUTSIDE OUTWARD INVESTMENT DECISIONS
Article
14. Requests for issuance of Outward investment certificate
1. Requests for issuance
of Outward investment certificate are prescribed in Clause 2, Article 59 of the
Law on Investment.
2. Other equivalent
papers confirming legal capacity of the investor as prescribed in Point b,
Clause 2, Article 59 of the Law on Investment include Investment license or
Investment registration certificate (in case the investor is a foreign-invested
enterprise in Vietnam), or Certificate of business registration, or
Establishment decision.
3. Documents specifying
project sites that are applied to projects as prescribed in Article 8 hereof.
4. Tax agency’s written
confirmations on fulfillment of tax obligations by the investor up to the time
of submission of investment project documentation as prescribed in Clause 5,
Article 58 of the Law on Investment.
5. The investor shall be
responsible to the law for accuracy and honesty of documents and registration
information as prescribed in the Law on Investment, this Decree and prescribed
forms.
Article
15. Order and procedures for issuance of Outward investment certificate
1. The investor shall
submit three sets of applications (one of which is original) to the Ministry of
Planning and Investment for issuance of Outward investment certificates; at the
same time register investment information on the national information system on
inward investment and outward investment as prescribed in Article 18 hereof.
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3. The Minister of
Planning and Investment shall inspect eligibility of the applications. In case
the application is ineligible or needs clarifying some information, within five
working days since receipt of the application, the Ministry of Planning and
Investment shall issue a written notice to the investor for completion.
4. For projects with
capital from VND 20 billion and over in foreign currency being transferred
overseas, the Ministry of Planning and Investment shall make a written request
for suggestions from the State Bank of Vietnam as prescribed in Clause 3,
Article 58 of the Law on Investment. Within seven working days since receipt of
written request, the State Bank of Vietnam shall issue suggestions in writing
to the Ministry of Planning and Investment. After the time limit as prescribed,
no suggestions in writing are provided, the application is deemed approved by
the State Bank of Vietnam with respect to issues within state administration
competence.
5. The Ministry of
Planning and Investment shall grant Outward investment certificate to the
investor according to the time limit as prescribed in Clause 3, Article 59 of
the Law on Investment and send each of its copy to the Ministry of Finance, the
Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social
Affairs, managing Ministries, the State Bank of Vietnam and People’s committees
of central-affiliated cities and provinces where the investor is headquartered.
6. In case the
application fails to meet requirements as prescribed, the Ministry of Planning
and Investment shall issue a written notice about refusal to grant the Outward
investment certificate and state the reasons to the investor.
Article
16. Requests for adjustment of Outward investment certificate
1. Requests for
adjustment of Outward investment certificate are prescribed in Clause 2,
Article 61 of the Law on Investment.
2. Other equivalent
papers confirming legal capacity of the investor as prescribed in Point b,
Clause 2, Article 61 of the Law on Investment include Investment license or
Investment registration certificate (in case the investor is a foreign-invested
enterprise in Vietnam), or Certificate of business registration, or
Establishment decision.
3. Documents as
prescribed in Points c, d, dd, g, Clause 2, Article 59 of the Law on Investment
and Clause 3, Article 14 hereof in connection with adjustments.
4. The investor shall be
responsible to the law for accuracy and honesty of documents and registration
information as prescribed in the Law on Investment, this Decree and prescribed
forms.
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1. The investor shall
submit three sets of applications (one of which is original) to the Ministry of
Planning and Investment for making adjustments to the Outward investment certificate;
at the same time register investment information on the national information
system on inward investment and outward investment as prescribed in Article 18
hereof.
2. The applications shall
be received by the Ministry of Planning and Investment when they fully include
document items as prescribed hereof and are registered on the national
information system on inward investment and outward investment.
3. The Minister of
Planning and Investment shall inspect eligibility of the applications. In case
the application is ineligible or needs clarifying some information, within five
working days since receipt of the application, the Ministry of Planning and
Investment shall issue a written notice to the investor for completion.
4. For adjusted projects with
capital from VND 20 billion and over in foreign currency being transferred
overseas, the Ministry of Planning and Investment shall make a written request
for suggestions from the State Bank of Vietnam as prescribed in Clause 3,
Article 58 of the Law on Investment. Within seven working days since receipt of
written request, the State Bank of Vietnam shall issue suggestions in writing
to the Ministry of Planning and Investment. After the time limit as prescribed,
no suggestions in writing are provided, the application is deemed approved by
the State Bank of Vietnam with respect to issues within state administration
competence.
5. The Ministry of
Planning and Investment shall make adjustments to the Outward investment
certificate according to the time limit as prescribed in Clause 3, Article 61
of the Law on Investment and send each of its copy to the Ministry of Finance,
the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social
Affairs, managing Ministries, the State Bank of Vietnam and People’s committees
of central-affiliated cities and provinces where the investor is headquartered.
6. In case the
application fails to meet requirements as prescribed, the Ministry of Planning
and Investment shall issue a written notice about refusal to make adjustments
to the Outward investment certificate and state the reasons to the investor.
Article
18. Issuance and adjustment of Outward investment certificate through the
national information system on inward investment and outward investment
1. The investor carries
out online declaration of information about investment projects at the national
information system on inward investment and outward investment and receives
dossier codes online.
2. Within 15 days since
the date of online declaration as prescribed in Clause 1 of this Article, the
investor shall submit the application for issuance and adjustment of Outward
investment certificate to the agency that grants the Outward investment
certificates (hereinafter referred to as the certificate granting agency).
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4. After the Outward
investment certificate is issued or adjusted, the investor shall be granted an
account to access the national information system for carrying out periodical
reporting.
Chapter
IV
DEVELOPMENT
OF INVESTMENT PROJECT
Article
19. Transfer of investment capital overseas
1. The investor may
transfer investment capital overseas to carry out investment activities as
prescribed in Article 64 of the Law on Investment.
2. The investor may
transfer foreign currency, goods, machinery and equipment overseas before the
Outward investment certificate is granted to meet expenses for activities that
constitute the investment project including:
a) Market research and
investment opportunities;
b) Field survey;
c) Document study;
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dd) Compilation and
assessment of investment projects including selection of a consultant to do the
job
e) Organization of
scientific conferences;
g) Establishment and
operation of overseas contact offices;
h) Participation in
international bidding, making deposits or other financial guarantees, payment
of expenses, charges as requested by soliciting entity, the host country or
territory in connection with requirements for participation in bidding or
implementation of investment projects;
i) Participation in sale,
purchase or merger of companies, making deposits or other financial guarantees,
payment of expenses, charges as requested by sellers or as prescribed in laws
of the host country or territory;
k) Contract negotiation;
l) Purchase or lease of
assets;
3. Transferring foreign
currency, goods, machinery and equipment overseas as prescribed in Clause 2 of
this Article is prescribed in corresponding laws in connection with foreign
exchange, exportation, customs and technology.
4. Limit of foreign
currency transferred shall not exceed 5% of total outward investment capital
and not exceed US$ 300,000 and shall be entered into total outward investment
capital.
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6. Transfer of capital in
the form of machinery, equipment and goods outward and inward (from and to
Vietnam) for the implementation of outward investment projects must undergo
customs procedures according to the Law on Customs. The Ministry of Finance
shall provide detailed instructions on transfer of machinery, equipment and
goods overseas before the Outward investment certificate is granted as prescribed
in Clause 2 of this Article.
Article
20. Outward investment reporting
1. After the Outward
investment certificate is issued, the investor shall be granted an account to
access the national information system for carrying out periodical reporting.
2. The investor shall be
responsible for sending written reports on operation of outward investment
projects as prescribed in Clause 3, Article 72 of the Law on Investment,
managing its account and making adequate and timely updates to the national
information system.
3. In case of any
discrepancies between information on the national information system and
information in written reports, the latter shall prevail.
Article
21. Financial obligations
1. The investor shall be
responsible for fulfilling financial obligations related to outward investment
projects as prescribed by the Law on Taxation.
2. Import and export tax
exemption on capital in the form of goods, machinery and equipment transferred
inward and outward must be done in accordance with the Law on Import and Export
Taxes.
Article
22. Rights and obligations of the investor for sending Vietnamese employees
overseas to work for outward investment projects
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2. The investor must
fulfill all procedures as prescribed for sending Vietnamese employees overseas
and guarantee legal rights of Vietnamese employees working abroad; the investor
shall be also responsible for handling problems arising during the dispatch of
Vietnamese employees overseas and other law provisions.
Article
23. Re-issuance of Outward investment certificate
1. In case Outward
investment certificates are lost, burned, torn or damaged, the investor must
send a written request to the certificate granting agency for re-issuance.
2. Within 15 days since
receipt of written request, the certificate granting agency shall carry out
examination and re-issuance of the certificate.
Article
24. Finalization of outward investment projects
1. Once the investment
project is completed, the investor must carry out finalization of it according
to laws of the host country or territory.
2. Within six months
since the tax settlement report or any document of equivalent value is
available according to laws of the host country or territory in connection with
disposal of the investment project, the investor must transfer back home all
the remaining receipts from the finalization.
3. In case extension is
needed, before the expiration date at the latest, the investor must issue a
written request to the Ministry of Planning and Investment for consideration
and decision. Extension is granted only once and not in excess of six months.
Within 15 days since receipt of written request, the Ministry of Planning and
Investment shall issue a written notice about the extension.
4. Within 60 days since
completion of the finalization of the investment project and transfer of all
the remaining receipts (if any), the investor shall carry out procedures on
completion of the outward investment project as prescribed in Article 25
hereof.
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1. The investor shall carry
out procedures on the termination of an outward investment project for the
cases as prescribed in Clause 1, Article 62 of the Law on Investment.
2. Expiration of the
project duration as prescribed in Point b, Clause 1, Article 62 of the Law on
Investment is the expiration of the project duration according to laws of the
host country or territory by which the investor does not make requests for
extension or is not granted extension.
3. The investor shall
submit one set of application for termination of the Outward investment
certificate with following information:
a) Request form according
to forms prescribed by the Ministry of Planning and Investment;
b) Outward investment
certificate (original);
c) Decision on
termination of the project within competence as prescribed in Article 57 of the
Law on Investment (original or copy);
d) Documents proving the
investor has completed the finalization of the project as prescribed in Article
24 hereof (copy);
4. The investor shall be
responsible to the law for accuracy and honesty of documents and registration
information according to the Law on Investment, this Decree and prescribed
forms.
5. The Ministry of
Planning and Investment shall inspect eligibility of the application. In case the
application is ineligible or needs clarifying some information, within five
working days since receipt of the application, the Ministry of Planning and
Investment shall issue a written notice to the investor for completion.
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7. For the termination of
the project as prescribed in Point d, Clause 1, Article 62 of the Law on
Investment, the investor must make a written notice to the State Bank of
Vietnam before the project is terminated and all foreign investment capital is
transferred to the foreign investor.
8. For the termination of
the project as prescribed in Points d, e, Clause 1, Article 62 of the Law on
Investment without proposal for termination of the Outward investment
certificate made by the investor, the Ministry of Planning and Investment, in
reliance on the Law on Investment and this Decree, shall make decision on
termination of the certificate and send the decision to the investor and
relevant state administration agencies.
In case the investor
needs to continue implementation of an outward investment project, it should
fulfill procedures for issuance of the Outward investment certificate as
prescribed in the Law on Investment and this Decree.
9. For the termination of
the project as prescribed in Point g, Clause 1, Article 62 of the Law on
Investment, the investor shall carry out finalization of the project and
fulfill procedures for termination of the certificate.
Article
26. Validity of Outward investment certificate in case of falsification
1. The Outward investment
certificate shall become invalid if the investor is found to have falsified the
application for issuance or adjustment of the certificate.
2. The Outward investment
certificate shall become invalid if the investor is found to have falsified the
application for issuance or adjustment of the certificate.
Chapter
V
STATE
ADMINISTRATION ON OUTWARD INVESTMENT
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1. The Government shall
unify state administration on outward investment across the country.
2. The Ministry of
Planning and Investment shall be responsible to the Government for performing
state administration on outward investment.
3. Ministries,
ministerial-level agencies, People’s committees of central-affiliated cities
and provinces, Vietnam’s representative bodies overseas, within duties and
authorities, shall be responsible for performing state administration on
outward investment.
Article
28. Responsibilities of the Minister of Planning and Investment
1. Preside over and
cooperate with Ministries, regulatory bodies and local governments in
establishing the direction for outward investment in each period; promulgate
within competence or make submission to competent authorities for promulgating
legislative documents on outward investment;
2. Preside over the
assessment of outward investment projects with respect to projects requiring
outward investment decisions; perform issuance, adjustment or revocation of
Outward investment certificate.
3. Cooperate with
Vietnam’s regulatory agencies at home and abroad in exchanging information and
supporting the investor within competence, and handling difficulties arising
during the implementation of provisions of the Law on Outward Investment.
4. Inspect, investigate
and supervise within competence the implementation of provisions of the Law on
Outward Investment; deal with complaints, denunciations; propose commendations
and handle violations during the implementation of outward investment within
competence;
5. Play a central role in
state administration on promotion of outward investment and carry out a number
of state-managed outward investment programs.
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7. Annually, cooperate
with the Ministry of Finance, the State Bank of Vietnam, the Ministry of Labor,
Invalids and Social Affairs, the Ministry of Foreign Affairs, managing
Ministries, People’s committees of central-affiliated cities and provinces in
handling proposals made by the investor, promulgating or proposing mechanisms,
policies and necessary measures to enhance the efficiency of outward investment
activities;
8. Carry out reporting
regime on outward investment activities across the country as prescribed in
Clause 2, Article 72 of the Law on Investment;
Article
29. Responsibilities of the State Bank of Vietnam
1. Preside over and
cooperate with the Ministry of Planning and Investment and other relevant
agencies in establishing and promulgating regulations, mechanisms and policies on
credits, management of foreign exchange, control over money laundering in
connection with outward investment within competence or making submissions to
competent authorities for promulgation;
2. Contribute suggestions
on capital sources and management of foreign exchange of investment projects at
the request of the Prime Minister or the Ministry of Planning and Investment
within 15 days since receipt of written requests with respect to investment
projects within competence of the Prime Minister and within seven working days
since receipt of written requests with respect to investment projects subject
to registration for issuance of the Outward investment certificate;
3. Inspect, investigate
and supervise within competence inward and outward transfer of foreign currency
in connection with outward investment projects;
4. Monitor loans provided
by commercial banks to the investor for carrying out activities of outward
investment according to the law on management of foreign exchange;
5. Instruct and manage outward
transfer of foreign currency to prepare for investment projects before
registration for outward investment is made as prescribed in Clause 5, Article
19 hereof;
6. Make reports on
outward transfer of foreign currency (before and after the Outward investment
certificate is granted) and inward transfer of foreign currency in connection
with outward investment projects to the Ministry of Planning and Investment in
writing and through the national information system as prescribed in Clause 2,
Article 72 of the Law on Investment;
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1. Preside over and
cooperate with the Ministry of Planning and Investment and other relevant
ministries, departments in establishing and promulgating regulations,
mechanisms and policies on finance in connection with outward investment within
competence or making submissions to competent authorities for promulgation;
2. Contribute suggestions
on issues related to finance, taxation, customs and investment in connection
with outward investment activities at the request of the Prime Minister or the
Ministry of Planning and Investment within 15 days since receipt of written
requests with respect to investment projects within competence of the Prime
Minister;
3. Inspect, investigate
and supervise fulfillment of financial obligations by the investor; assess
state capital invested in enterprises being used for outward investment;
4. Monitor and compile
the use of state capital sources for outward investment as prescribed;
5. Make reports on
fulfillment of financial obligations by the investor; assess state capital
invested in enterprises used for outward investment and compile state capital
used for outward investment as prescribed in Clause 2, Article 72 of the Law on
Investment to the Ministry of Planning and Investment in writing and through
the national information system;
Article
31. Responsibilities of the Ministry of Foreign Affairs
1. Preside over and
cooperate with the Ministry of Planning and Investment and other relevant
ministries, departments in establishing and promulgating regulations,
mechanisms on supports and protection of legal rights of Vietnamese investors
in the host country or territory or making the submissions to competent
authorities for promulgation;
2. Direct Vietnam’s
representative bodies overseas to follow up and support investment activities
made by Vietnamese investors in the host country or territory; assist the
Ministry of Planning and Investment in verifying information related to
investment activities made by Vietnamese investors in the administrative
division on request.
3. Make reports on
supports provided by Vietnam’s representative bodies overseas for investment
activities made on the host country or territory as prescribed in Clause 2, Article
72 of the Law on Investment to the Ministry of Planning and Investment in
writing and through the national information system;
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1. Preside over and
cooperate with the Ministry of Planning and Investment and other relevant
ministries, departments in establishing and promulgating regulations,
mechanisms and policies on commerce, industry and energy in connection with
outward investment activities;
2. Inspect, investigate
and supervise commercial, industrial and energy activities in connection with
outward investment activities;
3. Make reports on
outward investment activities in the areas of commerce, industry and energy as
prescribed in Clause 2, Article 72 of the Law on Investment to the Ministry of
Planning and Investment in writing and through the national information system;
Article
33. Responsibilities of the Ministry of Agriculture and Rural Development
1. Preside over and
cooperate with the Ministry of Planning and Investment and other relevant
ministries, departments in establishing and promulgating regulations,
mechanisms and policies on agriculture, forestry, seafood and aquaculture
catching, cultivation and processing in connection with outward investment
activities;
2. Inspect, investigate
and supervise agricultural, forestry, seafood and aquacultural catching,
cultivation and processing activities in connection with outward investment
activities;
3. Make reports on
outward investment activities in the areas of agriculture, forestry and fishery
as prescribed in Clause 2, Article 72 of the Law on Investment to the Ministry
of Planning and Investment in writing and through the national information
system;
Article
34. Responsibilities of the Ministry of Labor, Invalids and Social Affairs
1. Preside over and
cooperate with the Ministry of Planning and Investment and other relevant
ministries, departments in establishing and promulgating regulations,
mechanisms and policies on management and use of Vietnamese labor force in
connection with outward investment within competence or making submissions to
competent authorities for promulgation;
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3. Make reports on
dispatch of Vietnamese employees overseas to work for foreign invested projects
as prescribed in Clause 2, Article 72 of the Law on Investment to the Ministry
of Planning and Investment in writing and through the national information system;
Article
35. Responsibilities of Ministries, ministerial-level agencies, Governmental
agencies
1. Cooperate with the
Ministry of Planning and Investment in establishing regulations, policies and
planning in connection with outward investment activities;
2. Contribute suggestions
on areas of state administration as assigned in connection with outward
investment activities at the request of the Prime Minister or the Ministry of
Planning and Investment within 15 days since receipt of written requests with respect
to investment projects within competence of the Prime Minister;
3. Inspect, investigate
and supervise within competence state administration related matters in
connection with outward investment activities;
4. Manage and supervise
state capital used for outward investment by state-owned enterprises, state
capital invested in enterprises within competence;
5. Make reports on
outward investment within management as prescribed in Clause 2, Article 72 of
the Law on Investment to the Ministry of Planning and Investment in writing and
through the national information system;
Article
36. Responsibilities of People’s committees of central-affiliated cities and
provinces
1. Monitor and manage
outward investors headquartered or based in the administrative divisions
according to the Law on Enterprises and relevant law provisions:
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3. Cooperate with
Ministries and departments in providing instructions on outward investment;
inspect and supervise outward investment activities; handle difficulties
arising during the implementation of provisions of the Law on Outward
Investment.
4. Manage and supervise
state capital used for outward investment by state-owned enterprises, state
capital invested in enterprises within competence;
5. Make reports on
outward investment within management as prescribed in Clause 2, Article 72 of
the Law on Investment to the Ministry of Planning and Investment in writing and
through the national information system;
Article
37. Responsibilities of Vietnam’s representative bodies overseas
1. Play a central role in
cooperating with Vietnamese agencies overseas in following up and supporting
investors in complying with laws of the host country or territory; protecting
legal rights of investors abroad; through diplomacy, make requests to
authorities of the host country for support, facilitation and removal of
difficulties for investors during the implementation of the project in accordance
with regulations of Vietnam’s representative bodies overseas; assist the
Ministry of Planning and Investment in verifying information in connection with
investment activities carried out by Vietnamese investors in the administrative
divisions on request;
2. Make reports on
supports provided by Vietnam’s representative bodies overseas for investment
activities made on the administration divisions within management as prescribed
in Clause 2, Article 72 of the Law on Investment to the Ministry of Planning and
Investment in writing and through the national information system;
Article
38. Investigation, inspection, monitoring and assessment
1. Investigation,
inspection, monitoring and assessment of outward investment projects are
carried out in accordance with laws.
2. The investor shall be
responsible for providing documents, materials and information related to
inspection, investigation and monitoring of outward investment activities to
competent state agencies as prescribed.
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1. Organizations and
individuals that violate provisions set out hereof, depending on nature and
severity of the violations, shall be disciplined, face administrative penalties
or be liable to criminal prosecution; or make compensations if causing damage.
2. The investor that
fails to perform reporting regime as prescribed, depending on severity of the
violations, shall be penalized as follows:
a) The Accreditation Body
shall issue a written warning for the first violation;
b) Penalties for administrative
violations according to laws on administrative penalties in the areas of
planning and investment;
c) Terminate validity of
the Outward investment certificate or Investment license or any Document
granting approval for outward investment as prescribed in Point g, Clause 62 of
the Law on Investment;
d) Make public disclosure
of violations on the national information system, portal of the Ministry of
Planning and Investment and other means of mass media;
3. The Accreditation Body
shall not be involved in the settlement of disputes arising among investors or
between the investor and relevant organizations or individuals during the
registration for outward investment and investment activity aboard.
Chapter
VI
IMPLEMENTARY
PROVISIONS
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1. This Decree takes
effect since the signing date and supersedes the Government’s Decree No.
78/2006/NĐ-CP dated August 09, 2006 regulating outward investment.
2. Investment activities under
Investment license or Outward investment certificate or Document granting
approval for outward investment before the effective date of this Decree may
continue and must be in compliance with provisions set out hereof.
3. For investment
projects operating under Investment license, Outward investment certificate
with project duration being specified, the investor must carry out registration
for issuance of outward investment certificate according to the Law on
Investment and this Decree if it continues its investment activities overseas.
4. For applications for
outward investment submitted before July 01, 2015 and before the effective date
of this Decree, investment procedures shall be made as follows:
a) For applications that
have been received and must be dealt with before July 01, 2015 under the Law on
Investment, the Ministry of Planning and Investment shall carry out procedures
for issuance of the Outward investment certificate according to the Law on
Investment. During the implementation of procedures for issuance of the Outward
investment certificate, the Accreditation Body shall not request any additional
document from the investor according to the Law on Investment
b) For applications that
have been received before July 01, 2015 and still within the time limit for
settlement under the Law on Investment, the Accreditation Body shall instruct
the investor to make adjustments and perform procedures for issuance of the
Outward investment certificate according to the Law on Investment.
Article
41. Implementation
1. The Ministry of
Planning and Investment, the Ministry of Finance, the Ministry of Foreign
Affairs, the Ministry of Labor, Invalids and Social Affairs, the Ministry of
Industry and Trade, the Ministry of Agriculture and Rural Development and the
State Bank of Vietnam shall be responsible for providing guidance on the
execution of this Decree within functions and obligations assigned.
2. Ministers, heads of
ministerial-level agencies, heads of governmental agencies, presidents of
People’s Committees of central-affiliated cities and provinces shall be
responsible for executing this Decree./.
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PP THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung