OVERSEAS INVESTMENT FROM VIETNAM

Outward investment procedures are administrative procedures for recording the transfer of capital by an investor, payment for the purchase of a part or the whole of a business establishment, or establishment of ownership rights to carry out investment and business activities outside the territory of Vietnam and directly participate in the management of such investment activities through the issuance of an offshore investment certificate by a competent Vietnamese state agency.

Investment abroad needs to ensure the conditions

• Outward investment activities are consistent with the principles of outward investment.
• Outward investment activities are not in the industries and trades banned from business investment.
• The investor commits to arrange foreign currency on his own or is authorized by an authorized credit institution to arrange foreign currency arrangements to carry out offshore investment activities; In case the capital amount in foreign currency remitted abroad is equivalent to 20 billion VND or more and is not part of a project under the authority to decide on outward investment policies, the Ministry of Planning and Investment shall collects written opinions from the State Bank of Vietnam.
• Having a decision to invest abroad according to regulations.
• There is a document from the tax authority certifying the investor’s tax payment obligation up to the time of submitting the investment project dossier.

Common forms of offshore investment

• Establishing a branch of the company in a foreign country;
• Establishing a company in a foreign country;
• Acquiring part or all of the charter capital of an overseas economic organization to participate in the management and conduct of business investment activities abroad;

Services that LexNovum Lawyers provides to clients

• Consulting on overseas investment procedures in accordance with current legal regulations and customers’ needs.
• Prepare documents and apply for permission with Vietnamese State agencies related to offshore investment procedures.