Tiếng Việt
中文 (中国)
Investing abroad is a crucial strategic step that helps Vietnamese enterprises expand their markets, enhance competitiveness, and seek new development opportunities. However, this process requires careful preparation and a thorough understanding of international markets. Here are some factors to consider when investing abroad:
Forms of Oversea Investment
Investors can carry out overseas investment activities in the following forms:
a) Establishing an economic organization according to the laws of the host country;
b) Investing through contracts abroad;
c) Contributing capital, purchasing shares, or purchasing capital contributions of an economic organization abroad to participate in managing that economic organization;
d) Buying and selling securities, other valuable papers, or investing through securities investment funds and other intermediary financial institutions abroad;
e) Other forms of investment as prescribed by the laws of the host country.
Prohibited Sectors for Overseas Investment
Prohibited sectors for oversea investment include:
- Sectors prohibited from business investment as stipulated in Article 6 of the 2020 Investment Law and related international treaties.
- Sectors with technology and products subject to export prohibition as prescribed by foreign trade management laws.
- Sectors prohibited from business investment according to the laws of the host country.
Conditional Sectors for Overseas Investment
Conditional sectors for overseas investment include:
a) Banking;
b) Insurance;
c) Securities;
d) Journalism, radio, and television;
e) Real estate business.
Regulations on Sources of Capital for Overseas Investment
The sources of capital for overseas investment are regulated as follows:
- Investors are responsible for contributing and raising funds to carry out overseas investment activities.
- Borrowing foreign currency, transferring investment capital in foreign currency must comply with the conditions and procedures prescribed by banking laws, credit institutions, and foreign exchange management.
- Based on the objectives of monetary policy and foreign exchange management policy in each period, the State Bank of Vietnam regulates the lending of foreign currency by credit institutions and branches of foreign banks in Vietnam to investors according to Clause 2 of this Article to carry out overseas investment activities.
Conditions for Issuing Overseas Investment Registration Certificates
The conditions for issuing overseas investment registration certificates include:
- The overseas investment activity must comply with the principles stipulated in Article 51 of the 2020 Investment Law.
- It must not belong to sectors prohibited from overseas investment as stipulated in Article 53 of the 2020 Investment Law and must meet the conditions for overseas investment in conditional sectors stipulated in Article 54 of the 2020 Investment Law.
- The investor must have a commitment to self-arrange foreign currency or a commitment from a permitted credit institution to arrange foreign currency to carry out overseas investment activities.
- There must be an overseas investment decision according to Article 59 of the 2020 Investment Law.
- There must be a document from the tax authority confirming the fulfillment of the investor’s tax obligations. The confirmation time by the tax authority must be within three months before submitting the investment project dossier.
Procedures for Issuing Overseas Investment Registration Certificates
- For investment projects subject to the approval of the investment policy abroad, the Ministry of Planning and Investment issues the overseas investment registration certificate to the investor within five working days from the date of receiving the investment policy approval document and the overseas investment decision according to Article 59 of the 2020 Investment Law.
- For investment projects not subject to Clause 1 of this Article, the investor submits the application for the issuance of the overseas investment registration certificate to the Ministry of Planning and Investment. The dossier includes:
a) Overseas investment registration document;
b) Documents on the legal status of the investor;
c) Overseas investment decision according to Article 59 of the 2020 Investment Law;
d) Commitment document on foreign currency self-arrangement or commitment document from a permitted credit institution to arrange foreign currency for the investor according to Clause 3 of Article 60 of the 2020 Investment Law;
e) For overseas investment projects in the sectors stipulated in Clause 1 of Article 54 of the 2020 Investment Law, the investor must submit a document of approval from the competent state authority on meeting the conditions for overseas investment according to relevant legal regulations (if any).
- If the capital in foreign currency transferred abroad is equivalent to 20 billion VND or more, the Ministry of Planning and Investment seeks written opinions from the State Bank of Vietnam.
- Within 15 days from the date of receiving the dossier stipulated in Clause 2 of this Article, the Ministry of Planning and Investment issues the overseas investment registration certificate; in case of refusal, the Ministry must notify the investor in writing and clearly state the reasons.
- The government stipulates in detail the procedures for appraising overseas investment projects; issuing, adjusting, and terminating the validity of the overseas investment registration certificate.
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