Tiếng Việt
中文 (中国)
Investment procedures and regulations for Vietnamese enterprises investing abroad typically depend on both Vietnam’s regulations and those of the target country the enterprise is interested in. Below is a summary of the general process and procedures that a Vietnamese enterprise usually needs to undertake to invest abroad:
Research and Planning
- Market research: Assess the target market, opportunities, risks, competitiveness, and legal requirements.
- Investment planning: Determine investment objectives, strategies, required resources, timelines, and implementation plans.
Legal Procedures
- Business registration: Registering business or establishing a company abroad according to the regulations of that country.
- Investment procedures: Including applying for investment licenses, registering investment capital, and other related procedures at the investment management agency of the target country.
- Tax procedures: Including tax registration, payment, and compliance with tax regulations of both Vietnam and the target country.
It should be noted that to transfer investment capital from Vietnam to target markets, investors need to complete two main procedures: applying for a Certificate of Investment Registration abroad and registering foreign exchange transactions to transfer investment funds abroad. Starting from February 15, 2024, investors must prepare investment registration dossiers according to the form prescribed in Circular 03/2021/TT-BKHĐT and Circular 25/2023/TT-BKHĐT amending Circular 03/2021/TT-BKHĐT.
Within 03 working days from the date of receiving the investment project dossier, the Ministry of Planning and Investment sends the dossier for opinion appraisal to relevant state agencies. Within 15 days from the date of receiving the investment project dossier, the agency having opinions appraises the contents under its management authority.
After being granted the Certificate of Investment abroad and Business License in the target country, investors proceed to register foreign exchange transactions at the State Bank regarding investment, investment capital, investment capital accounts opened at authorized credit institutions to carry out investment activities abroad, and the schedule for transferring investment capital abroad.
Financial and Human Resource Management
- Financial management: Establish and manage financial systems, including finance, accounting, and auditing.
- Human resource management: Recruitment and management of local personnel, compliance with labor laws and regulations of the investing country.
Compliance with Laws and Regulations
- Legal compliance: Adherence to business, tax, and labor regulations of both countries.
- Reporting and control: Reporting business activities and local legal compliance, and implementing internal control measures.
Evaluation and Optimization of Operations
- Performance evaluation: Assess and monitor business performance, adjust plans if necessary.
- Operational optimization: Seek opportunities for improvement and optimize business operations to enhance performance and profitability.
The investment process and procedures abroad can be complex and require a thorough understanding of the laws and business practices of both countries. Enterprises should seek assistance from legal experts and business consultants to ensure a smooth and efficient investment process.
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