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

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2953157/ngh-nh-83-2015-n-cp%253a-quy-nh-v-u-t-ra-nc-ngoi.html

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The DECREE regulates foreign investment _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on investment on November 26, 2014;
According to the recommendation of the Minister of planning and investment, the Government issued Decree regulations on overseas investment.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the details of investment activities abroad aimed at business; overseas investment procedures and governance with respect to investment activity abroad in the form prescribed in points a, b, c and paragraph 1 Article 52 of the law on investment.
2. Investment activities abroad in the oil sector and investment abroad in the form of provisions in Article 52 paragraph 1 d of the law on investment made by Government Decree.
3. in case of the recommended investors to invest abroad in the form of provisions in Article 52 paragraph 1 of Ridin Points investment law that Vietnam does not yet have legislation regulating the prime consideration, decided on the basis of the proposal of the Ministry of planning and investment.
Article 2. Application object 1. Investors include: a) economic organization established and operating under the enterprise law;
b) cooperatives, cooperative association founded and operates under the provisions of the law on cooperatives;
c) credit institutions established and functioning according to the law on credit institutions;
d) Households and business under the provisions of the law, personal Vietnam nationals;
DD) other institutions make business investment under the provisions of the law of Vietnam.
2. State management agencies, the Vietnam representative offices abroad.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The investment abroad is the investors moved capital; payment or purchase a portion or the entire base business; or establish ownership to make investment and business activities outside Vietnam; at the same time directly involved in active management of investments.
2. overseas economic organizations are organizations established or registered overseas business under the provisions of the law of Nations, territories receiving the investment to implement the investment activities in the country, receiving territories investing in which investors Vietnam owns part or all of the capital.
3. investment project profile is the profile has valid enough ingredients, quantity, is declared in full according to the provisions of the investment law, this Decree and the regulations form.
4. National Information Portal on foreign investments is an electronic portal that is used to perform the procedure, adjust investment registration certificate and certificate of registration of the investment abroad; posted and updated laws, policies, processes, procedures and investment conditions for foreign investors, the economic organization of foreign-invested investment business in Vietnam and organization, individual investment activities abroad. National Portal on foreign investment have domain name is dautunuocngoai.gov.vn or fdi.gov.vn.
5. national database on investment abroad data is a collection of information about offshore investment projects across the country are hosting, management of information systems in countries of foreign investment into Vietnam and Vietnam's outward investment. The information is stored in a national database on investment abroad is the original information about investment projects abroad.
6. national information system of foreign investment into Vietnam and Vietnam's investment abroad is the system of professional information about foreign investments and investment abroad by the Ministry of planning and investment to host, in cooperation with the authority to build and operate to send , receive, store, display or perform other services for the data to serve state management on investment abroad.
Article 4. Investment abroad outward investment reflected under the following forms: 1. Foreign currency on the account in credit institutions are allowed to or buy in credit institutions are permitted or lawful capital sources from foreign exchange under the provisions of other laws.
2. Council of Vietnam consistent with the law on Foreign Exchange Management of Vietnam.
3. Machinery and equipment; materials, raw materials, fuel, goods finished goods, semi-finished goods.
4. The value of industrial property rights, know-how, techniques, process technology, technical services, intellectual property rights, trademark.
5. The other legal property.
Article 5. The language used in the offshore investment profile 1. Investment project profiles, the texts, reports of State agencies in Vietnam are made by Vietnamese.
2. where the investment project profile document is making foreign investors shall submit a copy of valid documents in foreign languages accompanied by Vietnamese translations.
3. in case of material in the project investment by foreign and Vietnamese, Vietnamese are used to perform procedures on investment.
Article 6. The code project abroad 1. Investment projects code prescribed in clause 1 Article 60 of the law on investment is a sequence consisting of 10 digits, is created automatically by the national information system on investment abroad and be recorded in the certificate of registration of overseas investment. The code project was formed according to the principles of the first number after 4 year certificate of registration of overseas investment, the next 5 translational level from number 00001 onwards.
2. Every project to be given a unique code, do not change during the operation of the project and not be available for other projects. The code project is deleted when the certificate of registration of overseas investment termination effect.
3. the State administration system for using code project to manage and exchange information on investment projects.
4. With regard to the implementation of investment projects under the investment license, certificate of investment abroad or the papers of other equivalent value, the code project is the investment license, certificate of investment abroad or of other equivalent documents already issued to investment projects. The case of the investment license, certificate of investment abroad or other equivalent documents are adjusted, the investment project is the new code level as defined in paragraph 1 of this article.
Article 7. Investing abroad have used state capital to the investment decision, competence, processes, procedures for investment decision for investment projects abroad to have used state capitals follow a management Law using state capital investments in manufacturing, business in the business and the provisions of relevant laws.
Article 8. The location of investment project implementation 1. The following investment projects must have documents to confirm the location of the project investment: a) energy project;
b) project, planting, breeding, processing of agricultural products, forestry, aquatic products;
c) investment projects in the areas of prospecting, exploration, extraction and processing of minerals;
d) project to build production facilities, processing, manufacturing;
DD) investment projects, construction and real estate business, infrastructure.
2. Document confirming location of investment projects include one of the following categories: a) the investment license or the text equivalent of the value of countries, territories that receive investment, in which the content determine the location and scale of land use;
b) decisions, land rental, body of competent organizations;
c) contract awarded, independent contractor or land contract, lease the land; the contract business, investment cooperation, which defined clearly the location, the scale of land use;
d) agreement of principles on the allocation of land, land rental, rent business location, investment cooperation agreement, the Agency's business, organization or individual has the authority in the country, receiving investment.
Chapter II PROCEDURES, ADJUSTS the REGISTRATION CERTIFICATE for OUTWARD INVESTMENT for PROJECTS in an MUST HAVE DECIDED to OFFSHORE INVESTMENT UNDERTAKINGS article 9. Recommended records issued a certificate of registration for overseas investment projects in the prime area decided to offshore investment undertakings 1. Offshore investment project decisions undertakings under the authority of the Prime Minister as defined in paragraph 2 to article 54 of the law on the establishment of investment under the provisions of article 55 of the law on investment.
2. other equivalent document confirming the legal status of investors in specified in point b of paragraph 1 to article 55 of the law on investment include one of the following papers: investment license; or investment certificates; or certificate of registration of the investment for the investor's business for foreign investment in Vietnam; or business registration certificate; or decided.
3. documents identifying the location of investment projects implementation specified in point c paragraph 1 to article 55 of the investment law was applicable to the projects provided for in article 8 of this Decree.
4. The text of the tax authorities to confirm the implementation of tax obligations of investors as of the time of submission of the investment project as specified in paragraph 5 to article 58 of the law on investment.
5. With regard to the offshore investment projects of enterprises by the State holds 100% of the Charter capital, the offshore investment decision under the provisions of Article 55 paragraph 1 e Point of the investment law is the following text: a) the Agency's approval represents the owner allows investors to make investment abroad , including the principal content: investors, objectives, scale, form, location, total capital investment projects financing, capital structure, the progress of the project, the target of the effect the investment needed to achieve;
b) internal evaluation report about the proposed investment project abroad, as the basis for the approval of the Agency represented the owner specified in point a of this paragraph.
6. The investor is responsible before the law for the accuracy, the integrity of the document and the content of the register of investment to make offshore investment procedure according to the provisions of the investment law, this Decree and the regulations form.
Article 10. Order and procedure of the Prime advocates of investment decisions abroad

1. Investors submit 8 sets of records suggest the certification register offshore investment (of which 1 the original profile) for the Ministry of planning and investment; at the same time register investment information on the national information system on foreign investment in Vietnam and Vietnam's outward investment as defined in article 17 of this Decree.
2. The records are the Ministry of planning and investment, the reception when the document prescribed in this Decree and was registered on the national information system on foreign investment in Vietnam and Vietnam's outward investment.
3. Ministry of planning and investment to check the validity of the profile. Invalid profile case or have content that need clarification, Ministry of planning and investment announced in writing to investors within 5 working days from the date of receiving the profile to complete the profile.
4. Ministry of planning and investment to send assessment opinions of the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Ministry of industry managers, the State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered under the time limit specified in paragraph 2 to article 55 of the law on investment.
5. The Agency is taking comments must have comments in writing on the contents in the State management authority is assigned, posted on the Ministry of planning and investment by the deadline stipulated in paragraph 3 Article 55 of the law on investment. So the term on which the Agency is taking comments no comments in writing shall be deemed to have approved the investment project profiles for the content in the field of Administration is assigned.
6. Ministry of planning and investment appraisals organizations and reporting the evaluation process of the Prime Minister according to the content and the time limit prescribed in paragraph 4 to article 55 of the law on investment.
7. within 10 days of the date of the valuation report of the Ministry of planning and investment, the Prime Minister decided to offshore investment undertakings according to the content specified in Paragraph 5 to article 55 of the law on investment.
8. With regard to foreign investment projects of enterprises by the State holds 100% of the capital, after having decided to offshore investment undertakings, the Agency represented the owners decided to invest abroad as stipulated in article 29 of the law on management and use of State capital investments in production business in the business.
9. within 10 working days from the date of the decision specified in clause 7 and 8 of this article, the Ministry of planning and investment granted the certificate of registration of overseas investment for investors, and stars send the Ministry of finance, Ministry of Foreign Affairs, the Ministry of labor, invalids and Social Affairs , Industry Manager, State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered.
10. in case the Prime Minister does not approve the offshore investment undertakings, within 3 working days from the date of the text does not approve overseas investment policy, the Ministry of planning and investment has written notice denying certification of registration of investments abroad and stating the reason sent to investors.
Article 11. Records suggest adjusting the investment certificates abroad for projects in an Prime decided to offshore investment undertakings 1. Records suggest that adjust registry certificate investing abroad for projects in an Prime decided to offshore investment undertakings made under the provisions of Paragraph 2 to article 61 of the law on investment.
2. other equivalent document confirming the legal status of investors in specified in point b of paragraph 1 to article 55 of the law on investment include one of the following papers: investment license; or investment certificates; or certificate of registration of the investment for the investor's business for foreign investment in Vietnam; or business registration certificate; or decided.
3. documents specified in points c, d, e, g, paragraph 1 Article 55 of the law on investment and paragraph 3 article 9 of this Decree concerning the adjustments content.
4. The investor is responsible before the law for the accuracy, the integrity of the document and the content of the register of investment to make offshore investment procedure according to the provisions of the investment law, this Decree and the regulations form.
Article 12. Sequence, the Prime procedure decided advocates adjusting the overseas investment projects 1. Investors filed 11 record adjusted registry certificate investing abroad (including 1 the original profile) for the Ministry of planning and investment; at the same time register investment information on the national information system on foreign investment in Vietnam and Vietnam's outward investment as defined in article 17 of this Decree.
2. The records are the Ministry of planning and investment, the reception when the document prescribed in this Decree and was registered on the national information system on foreign investment in Vietnam and Vietnam's outward investment.
3. Ministry of planning and investment to check the validity of the profile. Invalid profile case or have content that need clarification, Ministry of planning and investment announced in writing to investors within 5 working days from the date of the profile to complete the profile.
4. Ministry of planning and investment to send assessment opinions of the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Ministry of industry managers, the State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered under the time limit specified in paragraph 2 to article 55 of the law on investment.
5. The Agency is taking comments comments in writing on the contents in the State management authority is assigned, posted on the Ministry of planning and investment by the deadline stipulated in paragraph 3 Article 55 of the law on investment. So the term on which the Agency is taking comments no comments in writing shall be deemed to have approved the records adjusted for investment projects in the field of Administration is assigned.
6. Ministry of planning and investment held evaluation and assessment reports about the content of the project adjustment process the Prime Minister according to the time limit prescribed in paragraph 4 to article 55 of the law on investment.
7. within 10 days of the date of the valuation report of the Ministry of planning and investment, the Prime Minister decide to adjust the project undertakings investing abroad.
8. With regard to foreign investment projects of enterprises by the State holds 100% of the capital, after having decided to adjust the policy to invest abroad, the Agency represents the owner decided to invest according to the provisions of article 29 of the law on management and use of State capital investments in production business in the business.
9. within 10 working days from the date of the decision referred to in Paragraph 7 and 8 of this article, the Ministry of planning and investment to adjust the registration certificate for outward investment, and stars send the Ministry of finance, Ministry of Foreign Affairs, the Ministry of labor, invalids and Social Affairs, the Ministry of industry management , State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered.
10. in case the Prime Minister does not accept the adjustment advocates investment projects abroad, within 3 working days from the date of the text does not approve the policy adjustment, the Ministry of planning and investment has written notice rejecting adjust registry certificate investing abroad and stating the reason sent to investors.
Article 13. Projects abroad in an Assembly the decision advocates the investment profile, sequence, procedure of the National Assembly decided to offshore investment undertakings made under article 56 of the law on investment and according to the Decree of the Government.
Chapter III PROCEDURE for GRANTING, ADJUSTING the REGISTRY CERTIFICATE INVESTING ABROAD for the PROJECT NOT to HAVE DECIDED the OFFSHORE INVESTMENT UNDERTAKINGS article 14. Records suggest that the registration certificates of investment abroad 1. Records suggest the certification register offshore investments made under the provisions of clause 2 Article 59 of the law on investment.
2. other equivalent document confirming the legal status of investors in specified in point b of Paragraph 2 to article 59 of the law on investment include one of the following papers: investment license; or investment certificates; or certificate of registration of the investment for the investor's business for foreign investment in Vietnam; or business registration certificate; or decided.
3. documents identifying the location of investment projects applied for the projects provided for in article 8 of this Decree.
4. The text of the tax authorities to confirm the implementation of tax obligations of investors as of the time of submission of the investment project as specified in paragraph 5 to article 58 of the law on investment.
5. The investor is responsible before the law for the accuracy, the integrity of the document and the content of the register of investment to make offshore investment procedure according to the provisions of the investment law, this Decree and the regulations form.
Article 15. Sequence, the certification procedure of registration of investment abroad 1. Investors filed 11 of Ministry records suggest the certification register offshore investment (of which 1 the original profile) for the Ministry of planning and investment; at the same time register investment information on the national information system on foreign investment in Vietnam and Vietnam's outward investment as defined in article 17 of this Decree.
2. The records are the Ministry of planning and investment, the reception when the document prescribed in this Decree and was registered on the national information system on foreign investment in Vietnam and Vietnam's outward investment.
3. Ministry of planning and investment to check the validity of the profile. Invalid profile case or have content that need clarification, Ministry of planning and investment announced in writing to investors within 5 working days from the date of the profile to complete the profile.

4. in case the project has registered capital transfer abroad in foreign currency the equivalent of 20 billion or more, the Ministry of planning and investment opinions written by the State Bank of Vietnam according to the provisions in paragraph 3 to article 58 of the law on investment. Within 7 working days of receipt of the text of the Ministry of planning and investment, the State Bank of Vietnam has sent written comments to the Ministry of planning and investment. So the deadline on which the Ministry of planning and investment do not receive a reply text, shall be understood as the State Bank of Vietnam has approved the investment project profiles for the content in the field of Administration is assigned.
5. Ministry of planning and investment granted the certificate of registration of overseas investment by the deadline stipulated in paragraph 3 Article 59 of the law on investment; at the same time send a copy of the Finance Ministry, Foreign Ministry, Ministry of labor, invalids and Social Affairs, the Ministry of industry managers, the State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered.
6. Case profile does not meet the eligibility certification of the investment registration abroad, Ministry of planning and investment has written notice denying certification of registration of investments abroad and stating the reason sent to investors.
Article 16. Records suggest that adjust registry certificate investing abroad 1. Records suggest that adjust registry certificate investing abroad to perform as specified in paragraph 2 to article 61 of the law on investment.
2. other equivalent document confirming the legal status of investors in specified in point b of Paragraph 2 to article 61 of the law on investment include one of the following papers: investment license; or investment certificates; or certificate of registration of the investment for the investor's business for foreign investment in Vietnam; or business registration certificate; or decided.
3. documents specified in point d, e clause 2 Article 59 of the law on investment and article 14 paragraph 3 of this Decree concerning the adjustments content.
4. The investor is responsible before the law for the accuracy, the integrity of the document and the content of the register of investment to make offshore investment procedure according to the provisions of the investment law, this Decree and under model provisions 17. Order and procedure of adjusting the registry certificate investing abroad 1. Investors filed 11 record suggest adjusting the registry certificate investing abroad (including 1 the original profile) for the Ministry of planning and investment; at the same time register investment information on the national information system on foreign investment in Vietnam and Vietnam's outward investment as defined in article 17 of this Decree.
2. The records are the Ministry of planning and investment, the reception when the document prescribed in this Decree and was registered on the national information system on foreign investment in Vietnam and Vietnam's outward investment.
3. Ministry of planning and investment to check the validity of the profile. The case of the profile is invalid or has content that needs to be clarified, the Ministry of planning and investment announced in writing to investors within 5 working days from the date of the profile to complete the profile.
4. in case the project after the tuning has the registered capital transfer abroad in foreign currency the equivalent of 20 billion or more, the Ministry of planning and investment opinions written by the State Bank of Vietnam according to the provisions in paragraph 3 to article 58 of the law on investment. Within 7 working days of receipt of the text of the Ministry of planning and investment, the State Bank of Vietnam has sent written comments to the Ministry of planning and investment. So the deadline on which the Ministry of planning and investment do not receive a reply text, shall be understood as the State Bank of Vietnam has approved the investment project profiles for the content in the field of Administration is assigned.
5. Ministry of planning and investment to adjust the registration certificate for outward investment by the deadline stipulated in paragraph 3 to article 61 of the law on investment; at the same time send a copy of the Finance Ministry, Foreign Ministry, Ministry of labor, invalids and Social Affairs, the Ministry of industry managers, the State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered.
6. Case profile does not meet the prescribed conditions, the Ministry of planning and investment has written notice rejecting adjust registry certificate investing abroad and stating the reason sent to investors.
Article 18. Levels, adjust the registry certificate investing abroad through the national information system on foreign investment in Vietnam and Vietnam's investment abroad 1. Declaration online investor information about investment projects in national information system of foreign investment into Vietnam and Vietnam's investment abroad and get code online profile.
2. Within 15 days of the online profile declaration prescribed in paragraph 1 of this article, investors filing level, adjust the registry certificate investing abroad for the certification body registration of investments abroad.
3. after receiving the investment project profiles, the registry-level temporary account investment for investors to access, track record handling level, adjust the registry certificate investing abroad on the national information system on foreign investment in Vietnam and Vietnam's outward investment.
4. After being level, adjust the registry certificate investing abroad, investors are granted the access account information systems in countries of foreign investment into Vietnam and Vietnam's investment abroad to perform periodic reporting under the regulations.
Chapter IV the INVESTMENT PROJECT IMPLEMENTATION article 19. Transfer of capital abroad 1. Investors are shifting capital abroad to perform investment activities in foreign countries according to the provisions of article 64 of the law on investment.
2. Investors are transferring foreign currencies, commodities, machinery and equipment abroad before being granted a certificate of registration of overseas investment to meet the costs for the activity forms of investment projects, including: a) market research and investment opportunities;
b) surveys;
c) research materials;
d) gather and purchase document, information that is relevant to the choice of investment projects;
DD) synthesis, evaluation, assessment, including the selection and hiring of consultants for evaluation, evaluation of investment projects;
e) held seminars, conferences;
g) establishment and operation of liaison offices abroad involves the formation of investment projects;
h) participate in the international bidding, deposits, deposit or other financial guarantee form, the payment of fees as required by the tender side, countries, territories that receive investment related to the conditions of participation in the bidding, the condition of the project investment;
I) participated in the sale, merger, escrow deposits, or other financial guarantee form, the payment of fees as required by the seller or the company under the provisions of the law of Nations, territories receiving investment;
k) contract negotiations;
l) buy or rent property in support of the form of overseas investment projects.
3. The transfer of foreign currencies, commodities, machinery and equipment abroad as stipulated in paragraph 2 of this Article follow the corresponding legal regulations related to foreign exchange, export, customs, technology.
4. foreign currency transfer limit as defined in paragraph 2 of this Article does not exceed 5% of the total investment capital abroad and not more than $ 300,000, calculated on the total capital invested abroad.
5. State Bank of Vietnam guide details about Forex management with regard to the transfer of foreign currency abroad to perform the activities specified in this article.
6. The transfer of capital machinery, equipment and goods abroad and from abroad about Vietnam to implement investment projects abroad must implement customs procedures under the provisions of the customs law. The Ministry of finance guide details the transfer of machinery, equipment and goods abroad to make some investment activities before being issued a certificate of registration to foreign investment regulations in paragraph 2 of this Article.
Article 20. Perform reporting on investment abroad 1. After being granted a certificate of registration of overseas investment, the investor is granted system access account information on foreign investment in Vietnam and Vietnam's investment abroad to perform periodic reporting under the regulations.
2. The investor is responsible for writing the report on the State of operation of the offshore investment projects as defined in paragraph 3 to article 72 of the law on investment; at the same time manage your account and update your information in full, on time and exactly on the national information system on foreign investment in Vietnam and Vietnam's outward investment.
3. in case of discrepancies between information reported on the national information system on foreign investment in Vietnam and Vietnam's offshore investments and the information in the written report, based on information in the text.
Article 21. Financial obligations 1. Investors have a responsibility to fulfill the financial obligations arising in relation to offshore investment projects for the State of Vietnam under the provisions of tax legislation.
2. The exemption of export tax, import tax for the capital by goods, machinery, equipment for moving abroad to perform investment activities and transfers from abroad about Vietnam made under the provisions of the law on the export tax, import tax.
Article 22. Rights and obligations of the investors in the case of Vietnam laborers brought to work in overseas investment projects 1. Investors are labor recruitment Vietnam goes to work for his investment projects in foreign countries according to the provisions of the labour law of Vietnam and the country's territories, receiving investment.

2. Investors must fulfill the procedures prescribed by the law on the inclusion of Vietnam laborers working for investment projects in foreign countries; at the same time ensuring the legal rights of laborers overseas Vietnam; responsible for solving the problems arising in bringing Vietnam labor working for investment projects in foreign countries and the provisions of relevant laws.
Article 23. Registration certificate re-issuance of investment abroad 1. The case of the registered investment certificates to foreign loss, fire, torn, broken or crushed under another form, investors submit grant proposal writing back the certificate of registration of overseas investment to the certification body registration of overseas investment for granted again.
2. the certification body registration of offshore investment considering reissuing the certificate of registration of the investment abroad within a period of 15 days from the date of the proposed text of the investors.
Article 24. Liquidation of the offshore investment projects 1. Shortly after the end of the project investment, investors must liquidate investment projects according to the provisions of national law, to receive investment.
2. Within a period of 6 months from the date of having tax-settlement reports or text has legal value equivalent provisions of national law, to receive investment related to the end of the liquidation of investment projects, investors must turn on water the entire proceeds remaining from the liquidation of investment projects.
3. in case of need of extending the time limit specified in paragraph 2 of this article, at the latest before the expiration date the investor must have written recommendations and stating the reason for sending the Ministry of planning and investment decision. The renewal is made no more than once and not more than 6 months. Within 15 days of receiving the text suggested by the investors, the Ministry of planning and investment to have text answers to investors about the extension of the time limit for turning on water the entire proceeds remaining from the liquidation of investment projects.
4. within 60 days of the completion of the liquidation of investment projects in foreign countries and turned on the water the entire proceeds remaining from the liquidation of investment projects (if any), investors do the procedure to terminate the investment project abroad as stipulated in article 25 of this Decree.
Article 25. Termination of the investment project abroad 1. Investors made the procedure to terminate the investment projects abroad with regard to the cases specified in paragraph 1 to article 62 of the law on investment.
2. Expiry of the activity of investment projects stipulated in point b paragraph 1 to article 62 of the law on investment in the case of active expiry of investment project under the provisions of the law of Nations, territories receiving investment that investors do not do the procedure to renew or not renew investment activities.
3. Investors filed 11 of Ministry records suggest the termination of validity of registration certificate for outward investment with the following content: a) text recommended the termination of the validity of registration certificate of investment abroad in the form of the Ministry of planning and investment;
b) original certificate of registration of the investment abroad;
c) decided to terminate the investment projects in foreign countries under the jurisdiction specified in article 57 of the law on investment (the original or a copy of valid);
d) documents that investors had completed the liquidation of projects as defined in article 24 of this Decree (valid copy).
4. The investor is responsible before the law for the accuracy, the integrity of the document and the content of the register of investment to make offshore investment procedure according to the provisions of the investment law, this Decree and the regulations form.
5. Ministry of planning and investment to check the validity of the profile. The case of the profile is invalid or has content that needs to be clarified, the Ministry of planning and investment announced in writing to investors within 5 working days from the date of the profile to complete the profile.
6. Within 15 days of receiving a valid profile, Ministry of planning and investment decision of terminating the validity and revocation of certificates of registration of investments abroad, as investors sent the stars sent the Ministry of finance, Ministry of Foreign Affairs, the Ministry of labor, invalids and Social Affairs , Industry Manager, State Bank of Vietnam and the people's committees of provinces and cities under central where the investor is headquartered.
7. With regard to the case of termination of the investment project abroad as stipulated in Article 62 paragraph 1 d of the investment law, before the termination of the project and moved the entire overseas investment for foreign investors, the investor must inform the State Bank of Vietnam.
8. With regard to the case of termination of the investment project abroad specified in point d, e, paragraph 1 Article 62 of the law on investment that investors do not recommend termination of validity of registration certificate for outward investment, the Ministry of planning and investment, pursuant to the law on investment and this Decree the decision to terminate the validity of registration certificate of investment abroad send investors and state management agencies involved.
The case for investors to want to continue to implement investment projects abroad, they must perform the procedure of certification of offshore investment under the provisions of the investment law and the decrees.
9. With regard to the case of termination of the investment project abroad specified in point g clause 1 Article 62 of the law on investment, investors can liquidate the project and procedures for termination of validity of the certificate of registration of overseas investment.
Article 26. The validity of the certificate of registration of overseas investment in the case of the fake profile 1. Certificate of registration of the investment abroad have no legal value in case investors fake profile, the document proposed levels, adjust the registry certificate investing abroad.
2. When the conclusions of the competent bodies of the fake profile, the document proposed levels, adjust the registry certificate investing abroad, the Agency issued a certificate of registration of investments abroad announced cancellation of certificate of registration of overseas investment in the case of certificate of registration of overseas investment the first time or cancel changes in the content of the certificate of registration of overseas investment was made on the basis of spurious information and restore registry certificate investing abroad has been granted according to the nearest valid records.
Chapter V GOVERNANCE on INVESTMENT ABROAD article 27. State management responsibility 1. The unified Government to manage state on the offshore investment scope in the country.
2. Ministry of planning and investment, the Government is responsible to perform state management on investment abroad.
3. The ministries, ministerial agencies, people's committees of provinces and cities under central, Vietnam representative offices abroad within the scope of the task, their powers are responsible for implementing State management of foreign investment in the field is assigned.
Article 28. The responsibility of the Ministry of planning and investment to 1. Hosted, in cooperation with the ministries and building local overseas investment orientations according to each period; issued under the authority or the authority issued the legal texts on investing abroad.
2. Host evaluation of investment project abroad for projects in an investment policy decisions; perform a level, adjust, revoked the registration certificates of investment abroad.
3. In coordination with the Vietnam State agencies in the country and abroad to exchange information, to support the investors according to competence and solving the problems in the implementation of the provisions of the law on investment abroad.
4. test, inspection, surveillance under the authority the implementation of the provisions of the law on investment abroad; complaints, accusations, reward and processed under the authority in investment activities abroad.
5. Manage State for investment promotion abroad and made a number of investment promotion programs abroad with the State.
6. Host, building, guide, operate, maintain and update the national information system on foreign investment in Vietnam and Vietnam's outward investment.
7. Periodically every year, working with the Finance Ministry, the State Bank of Vietnam, the Ministry of labor, invalids and Social Affairs, the Ministry of industry managers, the people's Committee, the central cities to handle promptly the recommendations of investors, issued under the authority of or suggest the mechanisms policy, and solutions needed to improve the efficiency of investment activities abroad.
8. Prepare a report on the situation in the overseas investment nationwide as specified in paragraph 2 to article 72 of the law on investment.
Article 29. The responsibility of the State Bank of Vietnam 1. Hosted, in cooperation with the Ministry of planning and investment and the other agencies involved in the construction, issued under the authority or the authority to enact the provisions of the law, mechanisms, credit policy, foreign exchange management, control of the laundering of money related to investment activity abroad.
2. Join comments on issues related to the sources of capital and foreign exchange management of investment projects as requested by the Prime Minister or the proposal of the Ministry of planning and investment, within 15 days from the date of the proposed text of the opinion with respect to the investment in the project should have an investment policy decision of Its Prime and within 7 working days from the date of the proposed text of the opinion in the project in an register of registration certificates of investment abroad.
3. test, inspection, surveillance under the authority for foreign currency transfer operations from Vietnam to foreign countries and from abroad about Vietnam related to investment projects abroad.
4. Monitoring of the commercial bank in the loan to investors to carry out investment activities abroad according to the legal provisions on the management of foreign exchange.
5. Guide and manage the transfer of capital in foreign currency abroad to prepare investment projects before registering offshore investments as defined in clause 5 article 19 of this Decree.

6. Prepare a report on the situation of the transfer of foreign currency from abroad to Vietnam (before and after being granted a certificate of registration of the investment abroad) and the situation of foreign currency transfers from abroad about Vietnam related to investment projects abroad as specified in paragraph 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through the national information system on foreign investment in Vietnam and Vietnam's outward investment.
Article 30. The responsibility of the Ministry of finance 1. Hosted, in cooperation with the Ministry of planning and investment, the ministries involved in the construction, issued under the authority or the authority to enact the provisions of the law, mechanisms, financial policies related to investment activity abroad.
2. Join comments on issues in the fields of finance, taxation, customs, investment and have used the State-capital related to investment activity abroad when requested by the Prime Minister or the proposal of the Ministry of planning and investment, within 15 days from the date of the proposed text of the opinion with respect to the investment project in an investment policy decision of the Prime Minister.
3. test, inspection, monitoring, according to the authority the financial service of the investor for the State of Vietnam; evaluate the effectiveness of using state capital investment in enterprises investing abroad.
4. Follow-up, monitoring and use of aggregate investment capital of the State to invest abroad in accordance with the law.
5. Prepare a report on the implementation of the financial obligations of the investor for the State of Vietnam; evaluate the effectiveness of using state capital investment in enterprises investing abroad and the use of State investment capital to invest abroad as specified in paragraph 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through the national information system on foreign investment in Vietnam and the investment Vietnam's offshore.
Article 31. The responsibility of the Ministry of Foreign Affairs 1. Hosted, in cooperation with the Ministry of planning and investment and the ministries involved in the construction, issued under the authority or the authority to enact the provisions of the law, the support mechanism of the Vietnam representative offices abroad and protect the legal interests of investors in the country of Vietnam territories, receiving investment.
2. Direct the Vietnam representative offices abroad to track and support the investment activity of investors in the country of Vietnam, receiving investment; support the Ministry of planning and investment in the verification of information related to investment of the investor on the management of Vietnam when required.
3. Prepare a report on the situation in support of Vietnam representative offices abroad for Vietnam's investment activities in the country, receiving investment territories as stipulated in item 2 of the law on investment of 72 Thing sent the Ministry of planning and investment, in writing and through the national information system on foreign investment in Vietnam and Vietnam's outward investment.
Article 32. The responsibility of the Ministry of industry and trade of 1. Hosted, in cooperation with the Ministry of planning and investment and the ministries involved in the construction, issued under the authority or the authority to enact the provisions of the law, mechanisms, policies on trade, industry and energy related to investment activity abroad.
2. test, inspection, supervision by the authority with regard to trade, industry and energy related to investment activity abroad.
3. Prepare a report on the situation of foreign investment in the fields of trade, industry and energy as stipulated in paragraph 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through national information system of foreign investment into Vietnam and Vietnam's outward investment.
Article 33. The responsibility of the Ministry of agriculture and rural development 1. Hosted, in cooperation with the Ministry of planning and investment and the ministries involved in the construction, issued under the authority or the authority to enact the provisions of the law, mechanisms, policies on agriculture, forestry, fishing, aquaculture and seafood processing related to investment activity abroad.
2. test, inspection, surveillance under the authority for agricultural activities, forestry, fishing, aquaculture and seafood processing related to investment activity abroad.
3. Prepare a report on the situation of foreign investment activities in the field of agriculture, forestry, fisheries as specified in paragraph 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through national information system of foreign investment into Vietnam and Vietnam's outward investment.
Article 34. The responsibility of the Ministry of labor, invalids and Social Affairs 1. Hosted, in cooperation with the Ministry of planning and investment and the ministries involved in the construction, issued under the authority or the authority to enact the law, rules, mechanisms, management policy, Vietnam employers related to investment activity abroad.
2. test, inspection, surveillance under the authority for putting Vietnam labor abroad to work in the overseas investment projects.
3. Prepare a report on the situation of bringing Vietnam labor abroad to work in the overseas investment projects as defined in paragraph 2 of the law on investment of 72 Thing sent the Ministry of planning and investment, in writing and through national information system of foreign investment into Vietnam and Vietnam's outward investment.
Article 35. The responsibility of ministries, ministerial agencies, government agencies 1. In collaboration with the Ministry of planning and investment in building the rule of law, policies and planning related to investment activity abroad.
2. Join comments on issues in the field of governance are assigned relating to investment activity abroad when requested by the Prime Minister or the proposal of the Ministry of planning and investment, within 15 days from the date of the proposed text of the opinion with respect to the investment project in an need decisions undertakings the Prime Minister's investment.
3. test, inspection, supervision by the authority with respect to the issues in the field of governance are assigned relating to investment activity abroad.
4. Management and monitoring of the use of State funds for investment abroad for the State enterprises, the State capital investment in enterprises under the control of management or their representatives by the owner.
5. Prepare reports related to outward investment in its management scope as defined in clause 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through national information system of foreign investment into Vietnam and Vietnam's outward investment.
Article 36. The responsibility of the provincial people's Committee, the city in Central 1. Track and manage the investment house headquartered or domiciled there investment activities abroad according to the provisions of the law business and related laws.
2. Join the opinion of the authority in the management of content related to the investment projects of the investors are headquartered in the area when requested by the Prime Minister or the proposal of the Ministry of planning and investment, within 15 days from the date of the proposed text of the opinion with respect to the investment project in an need investment policy decision of the Prime Minister.
3. In coordination with the Ministry of industry guidelines, the provisions of the law on investment abroad; check, monitoring investment activities abroad; solve the bottlenecks in the implementation of the provisions of the law on investment abroad.
4. Management and monitoring of the use of State funds for investment abroad for the State enterprises, the State capital investment in enterprises under the control of management or their representatives by the owner.
5. Prepare reports related to outward investment in its management scope as defined in clause 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through national information system of foreign investment into Vietnam and Vietnam's outward investment.
Article 37. The responsibility of Vietnam representative offices abroad 1. Vietnam representative offices abroad have the responsibility do clue in collaboration with the agencies of Vietnam abroad monitor and assist the investors in the observance of the provisions of national law, to receive investment; protect the legal rights of overseas investors; through the diplomatic route, proposals and suggestions of water administration in supporting, facilitating and difficulty for investors in the process of implementation of investment projects in foreign countries in accordance with the provisions of the law of the representative body of the Socialist Republic of Vietnam; support the Ministry of planning and investment in the verification of information related to investment of the investor on the management of Vietnam when required.
2. Prepare a report on the situation in support of Vietnam representative offices abroad for Vietnam's investment activities in their localities, according to the provisions in paragraph 2 to article 72 of the law on the Ministry of planning and investment to invest in writing and through the national information system on foreign investment in Vietnam and the investment of Offshore Vietnam.
Article 38. Inspection, testing, monitoring, reviews 1. The Inspector, inspection, monitoring, evaluation of investment project abroad to follow the provisions of the legislation on the inspection, testing, monitoring and evaluation of the investment.
2. The investor is responsible for providing the texts, documents and information relevant to the content check, inspection and monitoring investment activities abroad to competent State agencies as prescribed by law.
Article 39. Breach processing and dispute resolution

1. organizations and individuals violating the provisions of this Decree shall, depending on the nature and extent of the violation that severely disciplined, administrative processing or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. Investors do not make the report prescribed mode depends on the degree of violation can be sanctioned as violation of the following form: a) the certification body registration of investments abroad have written reminder if first violation;
b) sanctioning of administrative violations in accordance with the law on administrative sanctions in the field of planning and investment;
c) terminated the validity of registration certificate of investment abroad or investment licenses or certificates of investment abroad or text allows foreign investment as defined in point g clause 1 Article 62 of the law on investment;
d) openly violating on national information system of foreign investment into Vietnam and Vietnam's investment abroad; The electronic portal of the Ministry of planning and investment and the other mass media.
3. the certification body registration of foreign investment does not resolve disputes between investors and between investors with organizations and individuals involved in the registration process of investment abroad and investment in foreign business.
 
Chapter VI ENFORCEMENT PROVISIONS Article 40. Effect 1. The Decree has effect from the date of signing and replacing Decree No. 78/2006/ND-CP dated 9 August 2006 from the Government regulations on foreign direct investment.
2. investment activities was granted the investment license or certificate of investment abroad or have text allows foreign investment before the decree to this effect was continued and made under the provisions of this Decree.
3. With regard to the investment projects are operating under the investment license, certificate of investing abroad, including the regulation of the activities of the project period, upon expiration of the project activity, if the activity continues to invest in the foreign investors make the certification registration registration of offshore investment under the provisions of the investment law and this Decree.
4. foreign investment record filed before July 1, 2015, and before the time of the decree to this effect, then perform the following procedure: a) for project took that under the provisions of the investment law 2005 to solve within a period before July 1, 2015 The Ministry of planning and investment to implement the certification procedure to register offshore investment under the provisions of the Investment Law. In the process of implementing the certification procedure of registration of investments abroad, the Agency issued a certificate of registration to foreign investment does not require investors to supplement the record, according to the provisions of the investment law;
b) for project took that under the provisions of the investment law 2005, before July 1, 2015 deadline yet to settle, the certification body registration of offshore investment guide investors adjust record and perform the certification procedure to register offshore investment under the provisions of the investment law.
Article 41. Terms of implementation 1. The Ministry of planning and investment, Ministry of finance, Ministry of Foreign Affairs, the Ministry of labor, invalids and Social Affairs, Ministry of industry and trade, the Ministry of agriculture and rural development and the State Bank of Vietnam is responsible for guiding the implementation of this decree with regard to the content under functionalities, management tasks are assigned.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.

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