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Decree 83/2015/nd-Cp: Regulations On Overseas Investment

Original Language Title: Nghị định 83/2015/NĐ-CP: Quy định về đầu tư ra nước ngoài

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THE GOVERNMENT.
Numbers: 83 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 25, 2015

DECREE

Planning on investing in the country. i

____________

The T-Law Base. socket Government on December 25, 200. 1 ()

The Investment Law Base November 26, 2014;

At the suggestion of Minister K What? You know, the investment,

Ch I'm The government issued a decree planning on investing abroad.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides details on foreign investment activities aimed at business purposes; the procedure of foreign investment and state management of foreign investment activity in the form of regulation at points a, b, c and clause 1 Article 52 of the country. Investment law.

2. Operate the investment abroad in the oil and gas sector and operates foreign investment in the form of regulation at Point 1 Section 1 Article 52 of the Investment Law implemented under the Government of the Government.

3. The investor case recommends investing abroad in the form of regulation at the Point 1 Point 1 Article 52 of the Investment Law that the Vietnamese law has not yet stipulated, the Prime Minister considers, deciding on the basis of a proposal by the Ministry of Planning and Investment.

What? 2. Subject applies

1. The investor consists of:

a) The economic organization established and operates under the Corporate Law;

b) Cooperated, associate cooperative and operating under regulation at the Law of Cooperation;

c) The credit organization is established and operates under the Law of Credit Organizations;

d) In accordance with the rule of law, the individual carries the nationality of Vietnam;

Other organizations make business investments in accordance with the regulation of Vietnamese law.

2. State governing bodies, Vietnamese representative agencies abroad.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Foreign investment is the investment of capital transfers; or payment of either part or the entire business base; or to establish ownership to perform business investment in addition to Vietnam; while directly involved in operating management, it is an investment fund. That investment.

2. The economic organization abroad is an economic organization established or registered business in foreign countries by the regulation of national law, the territory that receives investment to carry out investment activities in the country, the territory that receives investment, and the country. In which Vietnamese investors own part or all of the investment capital.

3. The valid investment project record is that the profile has sufficient components, numbers, fully prescribes by the provisions of the Investment Law, this decree, and the prescribed pattern.

4. The national portal for foreign investment is an electronic portal used to carry out a grant procedure, which regulates the Investment Registration Certificate and the Certificate of Investment Registration abroad; posting and updating the legal text, the government official and the government. books, procedures, procedures, and investment conditions for foreign investors, economic organizations with foreign investment in Vietnam and the organization, individuals have a foreign investment. The national portal for foreign investment is dautunuocngoai.gov.vn or fdi.gov.vn.

5. The national database of foreign investment is to gather information about the investment project abroad on a nationwide scope hosted, managed in the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad. Out. The information stored at the national database of foreign investment is the original information about the investment project abroad.

6. The national information system on foreign investment in Vietnam and Vietnam 's investment abroad is a professional professional information system on foreign investment and foreign investment due to the Ministry of Planning and Investment, in coordination with the institutions of the country' s construction and investment. sets and operate to send, receive, store, show or perform other tasks for data to serve as state management of foreign investment.

What? 4. Capital Capital Capital

Foreign investment is shown in the following forms:

1. The currency on account at the credit organization is allowed or purchased at the credit organization permitted or foreign exchange from other legal capital under the rule of law.

2. The Vietnamese uniform is consistent with Vietnam ' s foreign exchange management law.

3. Machine, equipment; supplies, raw materials, fuel, food goods, goods sold to finished goods.

4. Value of industrial ownership, technical tips, technological processes, technical services, intellectual property rights, trademarks.

5. Other legal assets.

What? 5. Language used in the investment profile abroad.

1. The investment project record, the texts, the report sent to the Vietnamese state agency made in Vietnamese.

2. The first case of an investment project where documents are made in foreign language, the investor file a valid copy of the document in foreign language with the Vietnamese translation.

3. The case of documents in the project profile in Vietnamese and foreign languages is the Vietnamese language used to carry out administrative procedures on investment.

What? 6. The number of investment projects abroad

1. The number of investment projects stipulated at Clause 1 Article 60 of the Investment Law is a sequence of 9 digits, automatically generated by the National Information System on foreign investment and is inscribed at the Investment Registration Certificate abroad. The investment project code is formed in accordance with the principle of the first 04 that takes five levels of registered investment certificates abroad, and the next five are at the level of the number 00001 onwards.

2. Each investment project is granted a single code, which does not change during the operation of the project and is not granted to another project. The investment project code was deleted when the Certificate of Investment Registration was terminated.

3. The unified state governing body uses an investment project code to manage and exchange information on the investment project.

4. For investment projects implemented under the Investment License, foreign investment certificates or other equivalent value papers, the investment project code is the number of investment licenses, the number of certificates that receive foreign investment or the amount of paper equivalent to the investment. Others granted the investment project. In the case of the Investment License, the Certificate of Foreign Investment or Other equivalent paper is adjusted, the investment project is given the new number of codes as specified in Clause 1 Article.

What? 7. Head of foreign capital use of state capital

The condition for determining investment, jurisdiction, process, procedure of investment decisions on foreign investment projects has a use of state capital implementation under the Management Law using state capital invested in manufacturing, business at the business, and other regulations. The law is relevant.

What? 8. Location of the investment project

1. The following investment projects must have the document confirming the location of the investment project:

a) Project of energy;

b) The breeding project, cultivation, fishing, agricultural products, forestry, hydroseafood;

c) The investment project in the field of survey, exploration, mining and mineral processing;

d) The investment project builds manufacturing facilities, processing, fabrication; and

The construction investment project and the real estate business, infrastructure.

2. The document confirms the location of the investment project consisting of one of the following categories:

a) The investment or text permit has the equivalent value of the country, the territory that receives investment, in which the content identifies the site and the scale of land use;

b) The decision to land, to lease the land of the agency, the organization has jurisdiction;

c) Contract for the bid, the stock or land contract, for the lease of the land; the contract for investment cooperation, business, which determines the location, the scale of land use;

d) The principle agreement on land delivery, land lease, business location, investment cooperation agreement, business of the agency, organization, and individual jurisdiction in the country, the territory that receives investment.

Chapter II

THE PROCEDURE, WHICH REGULATES THE REGISTRATION CERTIFICATE FOR INVESTING ABROAD FOR THE PROJECT, IS REQUIRED TO MAKE AN INVESTMENT DECISION ABROAD.

What? 9. The filing of a Certificate of Registration Certification of Foreign Investment for the project of the Prime Minister decided to take the investment abroad.

1. The foreign investment project under the jurisdiction of the Prime Minister's discretion in accordance with the provisions of Clause 2 Article 54 of the Law of Investment Act by statute under Article 55 of the Investment Law.

2. Other equivalent documents confirm the legal status of the prescribed investor at the point b 1 Article 55 of the Investment Law consisting of one of the following papers: The Investment License; or the Certificate of Investment; or the Certificate of Investment Registration for the investor. A business with foreign investment in Vietnam; or business registration certification; or decision-making.

3. The document determines the site of the specified investment project at the Point of Clause 1 Article 55 of the Investment Law applied to the provisions specified in Article 8 of this Decree.

4. The tax agency 's text confirms the implementation of the investor' s tax filing as of the time of the filing of the investment project under the regulation at paragraph 5 Article 58 of the Investment Law.

5. For the foreign investment projects of the state owned by the state to hold 100% of the charter capital, the decision to invest abroad pursues to the stipulation at the point of E 1 Article 55 of the Investment Law are the following texts:

a) The approved text of the owner representative body allows the investor to implement the investment project abroad, including the key content: investor, target, scale, form, investment location, investment capital, capital mobiles, source structure, source structure, capital, etc. capital, the progress of the project, the indicators of investment efficiency need to be achieved;

b) The internal appraisal report on the proposal for a foreign investment project, which is the basis for the approval of the specified owner representative body at this point a.

6. The investor is accountable to the law on the accuracy, integrity of the document, and the registration content of the investment to make the procedure of investing abroad under the provisions of the Investment Law, this decree, and the prescribed pattern.

What? 10. The Prime Minister 's procedure, the Prime Minister' s procedure decided to chair the investment abroad

1. The investor filed $08 sets of records offering the registration of a foreign investment registration certificate (including 1 original case sets) for the Ministry of Planning and Investment; and to register for investment information on the National Information System on foreign investment in Vietnam and the investment. It is the capital of Vietnam in accordance with the provisions of Article 18 of this decree.

2. The profile is taken over by the Ministry of Planning and Investment when there is full portfolio of documents by regulation at this decree and has been registered on the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

3. The Ministry of Planning and Investment checks the validity of the profile. Case cases are not valid or content should be clarified, the Ministry of Planning and Investment informed the investor in a 5-day period of work since the date of the filing to complete the profile.

4. The Ministry of Planning and Investment deposit the appraisal opinions of the Ministry of Finance, the Ministry of Labor and Social Affairs, the Ministry of Industry Management, the State Bank of Vietnam and the Provincial People ' s Committee, the Central Municipal City where the investor is based in accordance with The statute of limitations in paragraph 2 Article 55 of the Investment Law.

5. The Agency is considered to have a written opinion on the contents of the assigned state governing authority, sent to the Ministry of Planning and Investment under the stipulated deadline at Section 3 Article 55 of the Investment Law. The upper term on which the agency is given a non-written opinion is considered to have approved an investment project profile for those assigned to the state management sector.

6. The Ministry of Planning and Investment of the Appraisal and Planning of the Office of the Prime Minister according to the rules and regulations stipulated at paragraph 4 Article 55 of the Investment Law.

7. In the 10-day period since the date of receiving the appraisal report of the Ministry of Planning and Investment, the Prime Minister decides to chair the investment abroad according to regulatory content at Clause 5 Article 55 of the Investment Law.

8. For the country 's foreign investment project by the state to hold 100% of the charter capital, after a decision to make an investment decision abroad, the owner' s agency decides to invest abroad as stipulated at Article 29 of the Management Law, using the government. State capital investment in manufacturing, business in business.

9. In a 5-day period of work since the date of receiving regulatory decisions at Clause 7 and 8 This, the Department of Planning and Investments issued a foreign investment registration certificate to the investor, while simultaneously sending the Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor- The Trade and Social Affairs, the Department of Industry, the State Bank of Vietnam and the Provincial People's Committee, the Central City Council, where the investor is headquartered.

10. The Prime Minister ' s case does not approve of foreign investment abroad, for a 3-day period of work since the date of receiving unapproved text of foreign investment abroad, the Ministry of Planning and Investment has a written refusal to grant. The certificate of registration was issued abroad and stated the reasons for sending investors.

What? 11. The filing of the proposal to adjust the Certificate of Investment Certificate abroad for the project of the Prime Minister ' s part decided to advocated investment abroad.

1. The filing recommended that the Certificate of Registration Certificate to be issued abroad for the project of the Prime Minister's part of the government decided to advocated the investment of foreign investment in accordance with the provisions at Clause 2 Article 61 of the Investment Law.

2. Other equivalent documents confirm the legal status of the prescribed investor at the point b 1 Article 55 of the Investment Law consisting of one of the following papers: The Investment License; or the Certificate of Investment; or the Certificate of Investment Registration for the investor. A business with foreign investment in Vietnam; or business registration certification; or decision-making.

3. The specified documents at the points c, d, e, g Clause 1 Article 55 of the Investment Law and paragraph 3 Article 9 of this Decree are related to regulatory content.

4. The investor is accountable to the law on the accuracy, integrity of the document, and the registration content of the investment to make the procedure of investing abroad under the provisions of the Investment Law, this decree, and the prescribed pattern.

What? 12. Presentation, the Prime Minister ' s procedure decided to chair adjustment of the investment project abroad.

1. The investor filed $08 set of Registered Certificates of foreign investment certificates (including 1 original set of records) for the Ministry of Planning and Investment; and to register for investment information on the National Information System on foreign investment in Vietnam and investment in the United States. of Vietnam as defined at Article 18 of this decree.

2. The profile is taken over by the Ministry of Planning and Investment when there is full portfolio of documents by regulation at this decree and has been registered on the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

3. The Ministry of Planning and Investment checks the validity of the profile. Case cases are not valid or content should be clarified, the Ministry of Planning and Investment informed the investor in a 5-day period of work since the date received the case to complete the profile.

4. The Ministry of Planning and Investment deposit the appraisal opinions of the Ministry of Finance, the Ministry of Labor and Social Affairs, the Ministry of Industry Management, the State Bank of Vietnam and the Provincial People ' s Committee, the Central Municipal City where the investor is based in accordance with The statute of limitations in paragraph 2 Article 55 of the Investment Law.

5. The Agency is consulted with a written opinion on the contents of the assigned state governing authority, sent to the Ministry of Planning and Investment under the stipulated deadline at Section 3 Article 55 of the Investment Law. The upper term on which the agency is given a non-written opinion is considered to have approved an investment project adjustment profile for the assigned state management sector.

6. The Planning and Investment Department of the Appraisal and Appraisal of the appraisal of the regulatory content of the Prime Minister's project under the statute of limitations in paragraph 4 Article 55 of the Investment Law.

7. In the 10-day period since the date of receiving the appraisal report of the Ministry of Planning and Investment, the Prime Minister decides to chair adjustments to the investment project abroad.

8. For the country ' s foreign investment project held by the state to hold 100% of the charter capital, after a decision to adjust its investment to foreign investment, the owner of the equity agency decided to invest under regulation at Article 29 of the Management Law, using it. State capital investment in manufacturing, business in business.

9. In the 5-day period of work since the date of receiving the decisions stated at Section 7 and 8 This, the Ministry of Planning and Investment adjuvers the investment certificate to foreign investment, at the same time sending the Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor-Trade And Society, the Department of Public Administration, the State Bank of Vietnam and the Provincial People's Committee, the Central City Council, where the investor is headquartered.

10. The Prime Minister ' s case does not approve of the presiding adjustment of the investment project abroad, for a 3-day period of work since the date of receiving the unapproved text, the Ministry of Planning and Investment has the written statement of rejection. adjust the investment registration certificate to foreign countries and specify the reasons for sending investors.

What? 13. The project to invest abroad in the National Assembly decides to invest its investment

The procedure, sequence, procedure of Congress decided to advocated foreign investment in accordance with Article 56 of the Investment Law and by the other Decree of the Government.

Chapter III

LEVEL PROCEDURE, CERTIFICATE OF CERTIFICATE

THE REGISTRATION OF FOREIGN INVESTMENT TO THE PROJECT IS NOT PART OF THE DECISION TO MAKE AN INVESTMENT DECISION ABROAD.

What? 14. The profile offers to grant the investment registration certificate abroad.

1. The filing of a Certificate of Registration Certification for Foreign Investment is made in accordance with provisions at paragraph 2 Article 59 of the Investment Law.

2. Other equivalate documents confirm the legal status of the prescribed investor at Point 2 Section 59 of the Investment Law consisting of one of the following papers: Investment licenses; or investment certificates; or a Certificate of Investment Registration for the investor. A business with foreign investment in Vietnam; or business registration certification; or decision-making.

3. The document that defines the site implementation of the investment project is applied to the regulatory projects at Article 8 of this Decree.

4. The tax agency 's text confirms the implementation of the investor' s tax filing as of the time of the filing of the investment project under the regulation at paragraph 5 Article 58 of the Investment Law.

5. The investor is accountable to the law on the accuracy, integrity of the document, and the registration content of the investment to make the procedure of investing abroad under the provisions of the Investment Law, this decree, and the prescribed pattern.

What? 15. The procedure, the Certificate of Certificate of Registered Investing Abroad

1. The investor filed with 03 sets of records that offer the registration of a foreign investment registration certificate (including 1 original case sets) for the Ministry of Planning and Investment; and to register for investment information on the National Information System on foreign investment in Vietnam and the investment. It is the capital of Vietnam in accordance with the provisions of Article 18 of this decree.

2. The profile is taken over by the Ministry of Planning and Investment when there is full portfolio of documents by regulation at this decree and has been registered on the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

3. The Ministry of Planning and Investment checks the validity of the profile. Case cases are not valid or content should be clarified, the Ministry of Planning and Investment informed the investor in a 5-day period of work since the date received the case to complete the profile.

4. The project case has a registered capital transfer of foreign currency equivalent to 20 billion or more or more, the Ministry of Planning and Investment is in accordance with the written opinion of the State Bank of Vietnam as stipulated at Clause 3 Article 58 of the Investment Law. During the 7-day period of work since the date of receiving the text of the Ministry of Planning and Investment, the State Bank of Vietnam has a written opinion of the Ministry of Planning and Investment. Over the course of which the Ministry of Planning and Investment does not receive an answer, it is understood that the State Bank of Vietnam has approved an investment project record for the content of the assigned state management sector.

5. The Ministry of Planning and Investment issued a Certificate of Investment Registration abroad under a regulatory deadline at Section 3 Article 59 of the Investment Law; at the same time sending the Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor-Trade and Social Affairs, Ministry of Industry Management, State Bank Vietnam and the Provincial People's Committee, the Central City Central Committee, where the investor is headquartered.

6. The case case does not meet the eligible registration of a foreign investment registration certification, the Ministry of Planning and Investment has a written statement denying the registration of the investment registration certification abroad and stating the reasons for sending investors.

What? 16. The profile recommended to adjust the investment registration certificate abroad.

1. The proposed record adjuvers the investment registration certification to the foreign entity in accordance with the provisions at Clause 2 Article 61 of the Investment Law.

2. Other equivalate documents confirm the legal status of the prescribed investor at Point 2 Article 61 of the Investment Law consisting of one of the following papers: Investment licenses; or investment certificates; or a Certificate of Investment Registration for the investor. A business with foreign investment in Vietnam; or business registration certification; or decision-making.

3. Document stipulated at Point d, clause 2 Article 59 of the Investment Law and Clause 3 Article 14 of this Decree in relation to regulatory content.

4. The investor is accountable to the law on the accuracy, integrity of the document and the investment registration content to take the procedure of investing abroad under the provisions of the Investment Law, this decree, and by the prescribed pattern.

What? 17. The procedure, which regulates the registration certificate And I ' m going abroad.

1. The investor filed with 03 sets of records that proposed to adjust the Investment Registration Certificate abroad (including 1 original set of records) for the Ministry of Planning and Investment; and to register for investment information on the National Information System on foreign investment in Vietnam. and the investment of Vietnam under the provisions of Article 18 of this decree.

2. The profile is taken over by the Ministry of Planning and Investment when there is full portfolio of documents by regulation at this decree and has been registered on the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

3. The Ministry of Planning and Investment checks the validity of the profile. The case case is not valid or whether content should be clarified, the Ministry of Planning and Investment notified the investor in a 5-day period of work since the date received the case to complete the profile.

4. The project case after adjusting for registered capital transfers to foreign currency equivalent to 20 billion or more or more, the Ministry of Planning and Investment is in accordance with the written opinion of the State Bank of Vietnam as stipulated at Clause 3 Article 58 of the Investment Law. During the 7-day period of work since the date of receiving the text of the Ministry of Planning and Investment, the State Bank of Vietnam has a written opinion of the Ministry of Planning and Investment. Over the course of which the Ministry of Planning and Investment does not receive an answer, it is understood that the State Bank of Vietnam has approved an investment project record for the content of the assigned state management sector.

5. The Ministry of Planning and Investment adjuvers the investment registration certification abroad under a regulatory deadline at paragraph 3 Article 61 of the Investment Law; at the same time sending the Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor-Trade and Social Affairs, Ministry of Industry Management, Bank The State of Vietnam and the Provincial People's Committee, the Central City of the Central Committee, where the investor is headquartered.

6. The case of a case does not meet the eligitherapy conditions, the Ministry of Planning and Investment has a written statement refusing to adjust the investment registration certification to foreign countries and specify the reasons for sending investors.

What? 18. Level, adjust to foreign investment registration certification through the National Information System on foreign investment in the United States. i to Vietnam and Vietnam ' s investment abroad

1. Head of the online investor information about the investment project at the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad and receiving online filing codes.

2. In the 15-day period since the prescribed online filing date at Clause 1 This article, the investor file a preliminary file, which regulates the registration of the Head Certificate of Foreign Investment to the agency granting the registration of the investment certificate abroad.

3. After taking on the investment project record, the investment registry issued a temporary account for investors to access, monitor the issue of the primary case processing, which regulates the registration of the investment certificates abroad on the National Information System in terms of foreign investment. outside Vietnam and Vietnam ' s investment abroad.

4. After being granted, which regulates the registration certificate for foreign investment, the investor is granted a national information system access to foreign investment in Vietnam and Vietnam ' s investment abroad for a periodic reporting regime. According to the rules.

Chapter IV

DEPLOY INVESTMENT PROJECT

What? 19. Transfer of investment abroad

1. The investor is transferred to foreign investment to carry out an investment activity abroad under provisions at Article 64 of the Investment Law.

2. The investor is transferred from foreign currency, goods, machinery, equipment to foreign affairs before being granted the investment registration certification abroad in order to meet the costs for the operation to form the investment project, including:

a) Market research and investment opportunities;

b) field survey;

c) The study of documents;

d) Collections and purchase of documents, information related to the investment project selection;

Synthesis, evaluation, appraisal, including selection and hiring consultants to evaluate, evaluate investment projects;

e) Foundation conference, scientific conference;

g) The establishment and operation of the overseas liaison office in relation to the formation of the investment project;

h) Participation in international bidding, deposit, funds or other forms of financial guarantee, cost payments, the fee required by the invited party, the country, the territory that receives investment in relation to the bidding participation conditions, the conditional implementation of the project. The investment.

i) Participate in the purchase, merger of the company, deposit, deposit, or other forms of financial guarantee, cost payment, the fee required by the seller or by the law of the country, the territory that receives investment;

) Negotiations contract;

l) Buy or rent assets that support the formation of a foreign investment project.

3. The transfer of foreign currency, goods, machinery, external equipment by regulation at Clause 2 This is in accordance with the provisions of the corresponding law related to foreign exchange, export, customs, technology.

4. Limit the transfer of foreign currency by regulation at paragraph 2 This does not exceed 5% of the total capital invested abroad and no more than US$ 300,000, which is counted on the total capital invested abroad.

5. The State Bank of Vietnam instructs the details of foreign exchange management on foreign currency transfers to carry out regulatory activity at this.

6. The transfer of capital by machinery, equipment and goods to foreign countries and from abroad to Vietnam to implement a foreign investment project must carry out customs procedures under the regulation of customs law. The Finance Ministry detailed the transfer of machinery, equipment, and goods abroad to perform a number of investment activities before being granted foreign investment registration certificates in Clause 2.

What? 20. Implemation of the investment report regime abroad

1. After being issued a Certificate in Foreign Investment Registration, the investor is granted a National Information System access to foreign investment in Vietnam and Vietnam ' s investment abroad for a periodic reporting regime.

2. The investor is responsible for sending a written report on the operational situation of the foreign investment project by regulation at paragraph 3 Article 72 of the Investment Law; simultaneously managing its account and updating the full information, on the right and correct entry into the System. National information about foreign investment in Vietnam and Vietnam ' s investment abroad.

3. The case with differences between the report information on the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad and the information in the written report, the base is based on the information in the text.

What? 21. Financial obligations

1. The investor is responsible for the full implementation of the financial obligations that arise in relation to the investment project abroad for the state of Vietnam under the provisions of the tax law.

2. Tax free of export, import duties on the portion of the capital by goods, machinery, equipment to move abroad to carry out investment activity and move from abroad to Vietnam in accordance with the provisions of the export tax legislation, the import tax.

What? 22. The rights and obligations of the investor in the case of bringing Vietnamese workers to work at the investment project in the country. i

1. The employer is employed by Vietnam to work for its investment project abroad as defined by the labor laws of Vietnam and of the country, the territory that receives investment.

2. The investor must fully implement procedures under the rule of law on bringing Vietnam to work for the foreign investment project; at the same time guarantee the legal rights of Vietnamese workers abroad; it is responsible for addressing the work of Vietnam. The issues arise in bringing Vietnam to work on foreign investment and other regulation of relevant legislation.

What? 23. Level the Certificate of Investment Registration abroad

1. The case of registration certificates issued to foreign investment is lost, burned, torn, broken or damaged in another form, the investor sends a proposal to grant a Certificate of Registration Certificate to the Foreign Office certification. It's foreign to be granted.

2. The Certificate of Registered Certification of foreign investment abroad review the registration of the Certificate of Registered Investment Abroad in the 15-day period since the date of receiving an investor's recommended text.

What? 24. Purpose the investment project abroad

1. Shortly after the end of the investment project, the investor must liquate the investment project under the regulation of the national law, the territory that receives investment.

2. For a period of 6 months, since the date of the reported tax or text decision reporting is equivalent to the regulation of the national law, the territory receives investment in relation to the end of the investment project liquoralization, the investor must move on. The rest of the revenues from the investment liquoration.

3. The case with the need to extend the specified deadline at paragraph 2 This, the slog before the expiration of the investor, must have the recommended text and specify the reason to send the Department of Planning and Investment review, the decision. The extension is done not too once and for no more than 6 months. In the 15-day period since the date of receiving an investor's recommendation, the Ministry of Planning and Investment has the written return of the investor in terms of the extension of the transfer deadline of all the remaining revenues from the investment liquation of the project.

4. In the 60-day period since the completion of the project liquing of investment in the foreign country and move back to the full amount of revenues from the liquoration of the investment project (if any), the investor does the termination of the investment project abroad as prescribed. Article 25 of this decree.

What? 25. End of the investment project abroad

1. The investor does the procedure to end the investment project abroad for the prescribed cases at Clause 1 Article 62 of the Investment Law.

2. The expiration of the operating deadline of the planned investment project at Section B 1 Article 62 of the Investment Law is that the case expires at the expiration of the investment project under the regulation of the national law, the territory that receives investment that the investor does not renew. Or not renew an investment activity.

3. The investor filed for 1 set of records that proposed an end to the Certificate of Registration Certification for foreign investment with the following content:

a) The proposed text termination of the effect of the Certificate of Registration Certification abroad according to the sample of the Ministry of Planning and Investment;

b) The original Certificate of Registration is foreign;

c) The decision to end the foreign investment project under the jurisdiction stipulated at Article 57 of the Investment Law (original or valid copy);

d) The document proves that the investor has completed the provision of the project by regulation at Article 24 of this decree (valid copy).

4. The investor is accountable to the law on the accuracy, integrity of the document, and the registration content of the investment to make the procedure of investing abroad under the provisions of the Investment Law, this decree, and the prescribed pattern.

5. The Ministry of Planning and Investment tested the validity of the profile. The case case is not valid or whether content should be clarified, the Ministry of Planning and Investment notified the investor in a 5-day period of work since the date received the case to complete the profile.

6. In the 15-day period since the date of receiving valid records, the Ministry of Planning and Investment decided to terminate the force and revoking the Certificate of Registered Investment Certificate abroad to the investor, while simultaneously sending the Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor-Trade Soldiers and Socialists, the Department of Industry, the State Bank of Vietnam and the Provincial People's Committee, the Central City Council, where the investor is headquartered.

7. For the case of termination of a foreign investment project by regulation at Point 1 Section 62 of the Investment Law, before implementing the termination of the project and transferring the entire investment capital abroad to foreign investors, the investor must inform the investment of the project. State Bank of Vietnam.

8. For cases of termination of a foreign investment project stipulated at Point d, e Clause 1 Article 62 of the Investment Law that the investor does not offer to end the effect of a Certificate of Registered Investment Certificate, the Ministry of Planning and Investment, Investment Law Base. And this decree, the decision to end the validity of the Certificate of Registration Certificate was sent abroad to the investors and the relevant state regulatory agencies.

The case of the investor wants to continue implementing a foreign investment project must implement a Certificate of Foreign Investment Certificate in accordance with the provisions of the Investment Law and the Protocol.

9. For cases of termination of a foreign investment project stipulated at Section G 1 Article 62 of the Investment Law, the investor liquorate the project and the procedure to effectively end the validity of the Certificate of Registered Investing Certificates Abroad.

What? 26. The validity of the Certificate of Registration Certificates abroad in case of a case forgery

1. The registration certificate for investing abroad has no legal value in the case of a false investor, the recommended document, which regulates the registration of the investment certificates abroad.

2. When there is a conclusion of the agency ' s authority on forgery of records, the proposed document, which regulates the registration of the investment certificate to foreign countries, the Agency for the Certificate of Registration Certificates to be issued abroad notice the cancellation of the Registered Investment Certificate. Foreign in the case of issuing a Certificate of Registered Investment Abroad for the first time or cancelation of changes in the Content Certificate Certificate content to foreign investment is carried out on the basis of false information and restore the Certificate of Identification. Foreign investment registration has been granted according to the nearest valid profile.

Chapter V.

STATE MANAGEMENT OF INVESTMENTS ABROAD

What? 27. State management responsibility

1. The United Government governs the state of foreign investment in the country.

2. The Ministry of Planning and Investment is responsible to the Government to implement state management of foreign investment.

3. The ministries, peer agencies, the Provincial People 's Committee, the Central City of China, the body of Vietnam' s representative abroad within the scope of the mandate, its powers have a responsibility to carry out state management of foreign investment in the area being held. -No.

What? 28. The responsibility of the Ministry of Planning and Investment

1. Host, in coordination with ministries, industries and localities that establish an investment in foreign investment by period; enacted under jurisdiction or authorship issued by the authority to enact laws that violate the law of foreign investment.

2. presiding over the project appraisal of foreign investment on the project of the decision-making of the investment decision making foreign investment; implementing the granting, adjusting, revoking the registration of the registration of the investment to foreign countries.

3. Coordinate with Vietnamese state agencies in the country and abroad for information exchange, to assist investors by authority and to address the entanging in the implementation of legislation on foreign investment.

4. Check, inspect, monitor under the authority to implement legislation on foreign investment; resolve complaints, denounce, reward and treat under the jurisdiction of violations in the activities of foreign investment.

5. The head of state management in terms of promotion of foreign investment and the implementation of some of the programs that promote foreign investment in foreign countries.

6. Host, build, guide, operate, maintain and update the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

7. Annual periodically, working with the Ministry of Finance, State Bank of Vietnam, Ministry of Labor-Trade and Social Affairs, Ministry of Foreign Affairs, Ministry of Industry Management, Provincial People 's Committee, Central City of Central City for timely handling of the investor' s petitions, the board said. following the authority or the proposal of mechanisms, policies, and solutions necessary to enhance the effectiveness of the investment activity abroad.

8. Implemrate of a state of foreign investment in the country by regulation at paragraph 2 Article 72 of the Investment Law.

What? 29. Vietnam State Bank Responsibility

1. Host, in coordination with the Ministry of Planning and Investment and other agencies involved in the construction, enacuation issued by jurisdiction or authorship that enforces the provisions of the law, mechanisms, credit policy, foreign exchange management, control, and security. The act of money laundering involves investing in foreign investment.

2. Participate in the opinion on matters relating to the funding of capital and foreign exchange management of investment projects when there is a request by the Prime Minister or the Ministry of Planning and Investment in the 15-day period since the date of receiving the recommended text of the project. The investment projects in the area require the investment of the Prime Minister's investment and for a 7-day period of work since the date of receiving the recommended text for the registration of the registration of the registration certificate issued to foreign investment.

3. Check, inspection, supervision under jurisdiction over foreign currency movements from Vietnam abroad and from abroad to Vietnam in relation to foreign investment projects.

4. Monitor commercial banks in giving investors a loan to make foreign investment practices under the rule of law on foreign exchange management.

5. Guide, management of foreign currency transfers abroad to prepare the investment project before registration of foreign investments by regulation at paragraph 5 Article 19 of this decree.

6. Do the reporting regime on the foreign currency transfer situation from Vietnam (before and after being granted the investment registration certification) and the foreign currency transfer situation to Vietnam in relation to the investment projects abroad, the United States and Vietnam. In addition to the provisions at Section 2 Article 72 of the Investment Law sent the Ministry of Planning and Investment in writing and through the National Information System on foreign investment in Vietnam and Vietnam's investment abroad.

What? 30. Treasury Department Responsibility

1. Host, in coordination with the Ministry of Planning and Investment, ministries, relevant sectors in the construction, authorship issued by jurisdiction or authorship to enact laws of law, mechanisms, financial policies related to investment activity out of the United States. -Foreign.

2. Participate in the opinion on matters of finance, taxation, customs, investment with state capital use associated with foreign investment activity when required by the Prime Minister or the Ministry of Planning and Investment in the 15-day period since the end of the year. from the date of receiving the recommended text to the investment projects of the decision-making of the Prime Minister's investment.

3. Check, inspection, monitor under the authority to exercise the financial obligations of investors to the state of Vietnam; effectively assess the use of state capital investment in the investment business abroad.

4. Watch, monitor and synthesize the use of state investment capital to invest abroad according to the rule of law.

5. Make a report mode on the situation of carrying out the financial obligations of investors to the state of Vietnam; effectively evaluating the use of state capital investment in the investment business abroad and aggreging the use of the investment capital of the State House. The country to invest abroad pursues Article 2 72 of the Investment Law to the Ministry of Planning and Investment in writing and through the National Information System of Foreign Investment into Vietnam and Vietnam ' s investment abroad.

What? 31. Foreign Ministry responsibility

1. Host, in coordination with the Ministry of Planning and Investment and the Ministers, the relevant sector in the construction, enacted under jurisdiction or authorship that enforces the provisions of the law, the support mechanisms of the Vietnam representative body abroad and the protection of the law. The legal rights of Vietnamese investors in the country, territories receive investment.

2. The director of Vietnam ' s representative agency overseas to monitor and support the investment activity of Vietnam investors in the country, the territory that continues to invest; support the Ministry of Planning and Investment in veritifully verification of information relating to the investment activity of the state. I don't know.

3. Implemrate of a report mode on the support situation of Vietnam 's representative agency abroad for Vietnam' s investment activity in the country, the territory that receives investment pursuits at clause 2 Article 72 of the Investment Law sends the Department of Planning and Investment in the United States. text and through the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

What? 32. Ministry of Commerce

1. Host, in coordination with the Ministry of Planning and Investment and the Ministers, the relevant sector in the construction, enacted under jurisdiction or authorship issued by the authority to enact regulations of law, mechanisms, trade policies, industry and energy related to the law. I mean, it's a foreign investment.

2. Check, inspect, monitor under jurisdiction over commercial, industrial and energy related activities abroad.

3. Implemation of a report regime on the investment of foreign investment in the field of commerce, industry and energy according to regulation at Clause 2 Article 72 of the Investment Law sent the Ministry of Planning and Investment in writing and through the National Information System on Investment Management. It was foreign to Vietnam and Vietnam's investment abroad.

What? 33. The responsibility of the Ministry of Agriculture and Rural Development

1. The Chair, in collaboration with the Ministry of Planning and Investment and the Ministers, the relevant sector in the construction, enacted under jurisdiction or authorship that enforces the provisions of law, mechanisms, policies on agriculture, forestry, fishing, livestock, and other institutions. cultivated and processed hydroseafood related to foreign investment activity.

2. Checkpoint, inspection, supervision by jurisdiction over agricultural, forestry, fishing, farming and marine processing related to foreign investment activities.

3. Implemenation of the report regime on the operational situation abroad in the field of agriculture, forestry, fishing pursuits at Section 2 Article 72 of the Investment Law sent the Ministry of Planning and Investment in writing and through the National Information System. Foreign investment in Vietnam and Vietnam ' s investment abroad.

What? 34. The responsibility of the Ministry of Labor-Trade and Society

1. Host, in coordination with the Ministry of Planning and Investment and the Ministers, the relevant sector in the construction, enacted under jurisdiction or authorship issued by the authority to enact regulations, of law, mechanisms, management policies, and use of Vietnamese labor in connection with it. I mean, it's a foreign investment.

2. Check, inspect, monitor under jurisdiction over the introduction of Vietnamese labor abroad to work at investment projects abroad.

3. Implemenation of the report regime on the situation of bringing Vietnam abroad to work at overseas investment projects by regulation at Clause 2 Article 72 of the Investment Law sent the Ministry of Planning and Investment in writing and through the National Information System on Citizenship Policy. Foreign investment in Vietnam and Vietnam's investment abroad.

What? 35. The responsibility of the ministries, the peer agency, the government agency

1. Coordinate with the Ministry of Planning and Investment in the construction of the provisions of law, policy, planning regarding the activities of foreign investment abroad.

2. Participate in the opinion on matters of the state management sector being assigned in relation to investment activity abroad when required by the Prime Minister or the Ministry of Planning and Investment in the 15-day period since the date of receiving the text of the government. offers to have an opinion on the investment projects in the need to make a decision on the investment of the Prime Minister.

3. Check, inspection, supervision under jurisdiction over matters of the state management area being assigned in relation to the activity of investing abroad.

4. Management and monitoring the use of state capital funds to invest abroad for state-owned enterprises, the investment state investment in the jurisdiction of the governing authority or by itself as the owner of the owner.

5. Implementers the reporting regime regarding foreign investment in its management range under the regulation at Clause 2 Article 72 of the Investment Law to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam. Vietnam and South Africa invest in foreign countries.

What? 36. The responsibility of the Provincial People ' s Committee, the Central City

1. Track and manage investors based or residing on the site have a foreign investment activity under the regulation of corporate law and related legislation.

2. Participate in the opinion on the management competenties relating to the investment project of investors based at the site at the request of the Prime Minister or the offer of the Ministry of Planning and Investment in the 15-day period since the date of adoption. It is recommended that the proposed investment projects require the investment of the Prime Minister's investment.

3. Coordinate with the ministries, the industry guidelines for the laws of foreign investment; inspection, oversight of investment activities abroad; addressing the entanged in the implementation of legislation on foreign investment.

4. Management and monitoring the use of state capital funds to invest abroad for state-owned enterprises, the portion of the investment state in the business under the jurisdiction of management or by itself as the owner of the owner.

5. Implementers the reporting regime regarding foreign investment in its management range under the regulation at Clause 2 Article 72 of the Investment Law to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam. Vietnam and South Africa invest in foreign countries.

What? 37. The responsibility of the agency of Vietnam ' s representative abroad

1. Vietnam 's representative body abroad is responsible for making coordination with Vietnam' s agencies overseas to monitor and support investors in the enforcement of the country ' s laws of law, the territory that receives investment; the protection of the country and the United States. The legal rights of investors abroad; through diplomatic lines, proposals and petitions of state government in support, facilitalization and unlawmaking of investors in the implementation of the foreign investment project in accordance with the provisions of the government. located at the Law Agency Representative of the Socialist Republic of Vietnam abroad; support of the Ministry of Planning and Investment in veriveritifully relevant information. the investment activity of Vietnamese investors on the site of management when required.

2. Make a report mode on the support situation of Vietnam 's representative body abroad for Vietnam' s investment activity at the site of regulation under the regulation at Clause 2 Article 72 of the Investment Law that sends the Department of Planning and Investment in writing and information. through the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad.

What? 38. Inspector, check, monitor, evaluate

1. The inspection, inspection, monitoring, evaluation of the investment project abroad performs as defined by law on inspection, inspection, supervision, and investment assessment.

2. The investor is responsible for providing documents, documents, information relating to the examination, inspection, and monitoring of foreign investment activities to the state authority under the rule of law.

What? 39. Deal with violations and resolve disputes

1. The organization, individuals who violate the provisions of this decree, are subject to the nature, the degree of violation that is subject to disciplinary treatment, administrative processing, or the prosecution of criminal responsibility; if the damage must be compensated by the rule of law.

2. The investor does not implement a prescribed report mode, depending on the extent of the breach which may be subject to the breach in accordance with the following forms:

a) The Certificate of Registration Certificate of Investment abroad has a reminder text if the first violation;

b) The execution of the administrative breach in accordance with the provisions of the administrative trial law in the field of planning and investment;

c) termination of the validity of the Certificate of Registered Investment Abroad or the Investment License or the Certificate of Foreign Investment or Identification Permit for foreign investment by regulation at Point 1 Article 62 of the Investment Law;

d) Public information violations on the National Information System on foreign investment in Vietnam and Vietnam ' s investment abroad; the Electronic Information Portal of the Ministry of Planning and Investment and other popular media.

3. The Certificate of Certification Certification for foreign investment does not resolve the dispute between investors and between investors with organizations, individuals involved in the process of registering to foreign investment and business investment activity. In foreign countries.

Chapter VI

EXECUTION CLAUSE

What? 40.

1. This decree has the enforcement effect since the date of signing and replacing the Digital Protocol 78 /2006/NĐ-CP August 9, 2006, the government provides foreign direct investment.

2. Investment activities that have been granted an Investment License or Certificate of Investment Certificate abroad or have the written permission to invest abroad before the date of this Decree is valid and implemented as defined by this decree.

3. For investment projects that are operating under the Investment License, the Certificate of Investment Certificate overseas, which has a regulatory deadline of the project, at the expiration of the project ' s operational expiration, if continuing to operate investment overseas then the investor is actually working on the project. The registration of the Certificate of Registration Certificates is issued abroad as defined by the Investment Law and the Protocol.

4. The first foreign investment file filed before July 1, 2015, and before the time of the decree taking effect, the implementation of the investment procedure is as follows:

a) For the accepted project profile that pursues the provisions of the Investment Law 2005 to resolve in the prior period of 1 July 2015, the Ministry of Planning and Investment made the Certificate of Registration Certification of the portfolio abroad as specified in the First Law. Yeah. During the implementation of the procedure for issuing a certificate of registration of the investment abroad, the certification of the Certificate of Registered Investment Abroad does not require an investor to add a file, a document according to the provisions of the Investment Law;

b) For the accepted project profile that, as defined by the Investment Law 2005, to prior to July 1, 2015, has not expired at the time of the settlement, the certification issue of the Certificate of Registration Certificates Abroad. The procedure for issuing an investment certificate is issued abroad as defined by the Investment Law.

What? 41. Terms of execution

1. Ministry of Planning and Investment, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Labor-Trade and Social Affairs, Ministry of Commerce, Ministry of Agriculture and Rural Development and State Bank of Vietnam are responsible for guiding the implementation of this Protocol to the following content. function, the management task is assigned.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung