Documents and procedures for The Prime Minister to issue decisions on outward investment policies
Article 55. Documents and procedures for The Prime Minister to issue decisions on outward investment policies
1. The investor shall submit the project dossier to the Ministry of Planning and Investment. The dossier consists of:
a) An outward investment registration form;
b) A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).
c) Project proposals: objectives, scale, form, and location of the project; initial capital, capital raising plan, capital structure, project execution schedule, investment stages (if any); and preliminary analysis of the project effectiveness;
d) Copies of any of the documents proving the investor’s financial capacity: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for investor’s financial capacity; other documents proving the investor’s financial capacity;
dd) A commitment to balance foreign currency sources, or a commitment of a permitted credit institution to provide foreign currencies for the investor;
e) The decision on outward investment as prescribed in Clause 1 and Clause 2 Article 57 of this Law;
g) With regard to a project of outward investment in banking, securities, science and technology, the investor shall submit a written certification of the investor’s fulfillment of conditions for outward investment issued by a competent authority in accordance with the Law on credit institutions, the Law on Securities, the Law on science and technology, and the Law on Insurance Business.
2. Within 03 working days from the day on which the project dossier is received, the Ministry of Planning and Investment shall send the dossier to relevant regulatory bodies for opinions.
3. Within 15 days from the receipt of the project dossier, the inquired agencies shall offer their opinions.
4. Within 30 days from the day on which the project dossier is received, the Ministry of Planning and Investment shall carry out an appraisal and submit a report to the Prime Minister. The report shall contain:
a) Conditions for issuance of the Certificate of registration of outward investment prescribed in Article 58 of this Law;
b) The investor’s legal status;
c) Necessity of the outward investment;
d) Conformity of the project with Clause 1 Article 51 of this Law;
dd) Project contents: scale, form of investment, location, duration, execution schedule, capital, and capital sources;
e) Reassessment of risks at the host country.
5. The Prime Minister shall consider deciding outward investment policies, including:
a) The investor;
b) Objectives and location of the project;
c) Capital and capital sources; capital contribution and capital raising schedule; overseas investment schedule;
d) Investment incentives and support (if any).
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The list of prohibited exports and imports is made by the Government.
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The Ministry of Finance shall take charge and cooperate with relevant authorities
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