Procedure for implementing offshore investment project not subject to investment policy decision
01. Conditions for application
Conditions of issuance of offshore investment registration certificate ("IRC"):
1. The offshore investment activities conform with the principles prescribed in article 51 of Investment Law.
2. The offshore investment activities are not in the industries or trades in which business investment is prohibited as prescribed in article 6 of Investment Law.
3. The investor makes an undertaking to itself arrange for foreign currency or obtains an undertaking to arrange for foreign currency from an authorized credit institution for implementation of the offshore investment activities; where the amount of capital in foreign currency to be transferred abroad is equivalent to 20 billion Dong or more and is not in the category of the projects prescribed in article 54 of Investment Law, the Ministry of Planning and Investment shall obtain an written opinion of the State Bank of Vietnam.
4. There is the offshore investment decision prescribed in articles 57.1 and 57.2 of Investment Law.
5. There is a written certification of the tax authority of performance of tax obligations by the investor up to the date of submission of the investment project file.
02. Applicable laws
1. 2014 Investment Law
2. Decree No. 83/2015/NĐ-CP
3. Circular No. 03/2018/TT-BKHĐT
Step 1: Prepare 03 sets of applications, including one original set and 02 copy ones
1. A written application for amendment of the offshore IRC;
2. A copy of the people’s identity card, ID card or passport in the case of investors being an individual; A copy of the incorporation certificate or other equivalent document certifying the legal status in the case of investors being an organization;
3. Offshore investment decision;
4. Written undertaking to itself balance foreign currency or written undertaking to balance foreign currency from an authorized credit institution for the investor;
5. With respect to offshore investment projects in the banking, securities, insurance or science and technology sector, the investor shall submit a written approval of the competent State agency regarding satisfaction of the conditions for offshore investment in accordance with the Law on Credit Institutions, the Law on Securities, the Law on Science and Technology or the Law on Insurance Business;
6. Document(s) certifying the location of the offshore investment project; and
7. Written certification of the tax authority of the performance of tax obligations up to the date of submission of the file.
Step 2: Submit the applications to the Ministry of Planning and Investment (“MPI”) and register information on the National Port on Foreign Investment
- The MPI shall, within 05 working days from the date of receipt of the file, check the validity of the file. If the file is not valid or is necessary to clarify, the MPI shall notify the investor in writing about supplementation.
- If the registered investment capital remitted abroad in foreign currency is equivalent to VND 20 billion or higher, the MPI shall obtain a written opinion of the State Bank of Vietnam.
Step 4: Get result