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The Decree 78/2006/nd-Cp: Regulations On Direct Investment Abroad

Original Language Title: Nghị định 78/2006/NĐ-CP: Quy định về đầu tư trực tiếp ra nước ngoài

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The DECREE regulates foreign direct investment _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on investment of 29 November 2005.
According to the recommendation of the Minister of planning and investment, the DECREE chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the operation of direct investment abroad of the investors in Vietnam.
2. overseas direct investment in the oil sector and a number of specific fields or in the geographical peculiarities of investment made by the Government's own rules.
3. where the international treaties to which Vietnam is a member have other regulations with the provisions of this Decree shall apply according to the provisions of international treaties.
Article 2. The object to apply the investors in Vietnam (hereinafter investors) are: 1. limited liability companies, joint stock companies, partnerships, private enterprises granted certificate of registration under the enterprise law.
2. enterprises established under the law on State enterprises have yet to re-register under the enterprise law.
3. Enterprise with foreign capital established by the law on foreign investment have yet to re-register under the enterprise law and investment law. 
4. the political organization of businesses, social-political organizations have yet to re-register under the enterprise law.
5. Cooperative, the cooperative association is established under the law on cooperatives.
6. medical service facilities, education, science, culture, sports, and other service establishments that operate lucrative investment.
7. Business households and individuals, Vietnam.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. direct investment abroad is the investors moved capital abroad to perform investment activities and direct participation in the management of that investment activities abroad.
2. overseas economic organizations are organizations established or registered overseas business under the provisions of the law of the country receiving the investment to implement the active investing abroad, in which investors own part or all of the capital.
3. the valid profile is the profile has full papers, the manifest content as stipulated by law.
Article 4. Direct investment conditions abroad to be outward direct investment, the investor as defined in article 2 of this Decree shall meet the following conditions: 1. direct investment projects abroad (hereinafter the project).
2. To fulfill financial obligations with regard to the State of Vietnam.
3. Compliance with the provisions of the law on managing and using state capital with respect to the use of State capital cases to direct investment abroad.
4. Ministry of planning and investment granted investment certificates.
Article 5. The field encourage, prohibit, restrict outward investment pursuant to the provisions of article 75 of the law on investment and social-economic situation in each period, the Prime Minister issued the list of areas encourage, prohibit, restrict foreign direct investment.
Article 6. Applied investment incentive 1. Case law, the new policy has issued preferential benefits, higher than the benefits, incentives that investors have enjoyed before the investors enjoy the benefits, incentives under new rules from the date of the law, the new policy is in effect.
2. where the benefits, incentives given in the text or the investment license allowing direct investment abroad were granted to investors have incentive levels higher than the benefits, incentives that investors are entitled to under the current rules, then that investors have the right to continue to enjoy the benefits , incentives have been recorded in the investment license or text allows for direct investment abroad.
Article 7. Direct investment abroad direct investment abroad reflected under the following forms: 1. Foreign currency.
2. Machinery, equipment; materials, raw materials, fuel, goods finished goods, semi-finished goods.
3. The value of industrial property rights, know-how, techniques, process technology, technical services, intellectual property rights.
4. The other legal property.
Article 8. Language use investment project profiles and documents related to the procedure of sending Vietnam State agencies are made by Vietnamese or by Vietnamese and foreign languages; where there is no difference between a Vietnamese and a foreign language shall be based upon a Vietnamese.
Chapter II jurisdiction, PROCEDURES and ADJUST the INVESTMENT CERTIFICATES article 9. The authority approved the prime investment investment approved for the following projects: 1. Investment projects in the fields of banking, insurance, finance, credit, press, radio, television, telecommunications have used state capital from 150 billion Vietnam or economic components of capital from 300 billion in Vietnam.
2. Investment projects not specified in clause 1 of this article have used the State capital from 300 billion Vietnam's capital or economic components from 600 billion in Vietnam.
Article 10. The certification authority of the Ministry of planning and investment investment investment certificates for the following investment projects: 1. Investment projects provided for in article 9 of this decree after it was approved by the Prime Minister.
2. Investment projects not specified in article 9 of this Decree.
Article 11. The certification process of investments The investment certificates follow the following procedure: 1. The process of registration, investment certificates apply to investment projects capitalized below 15 billion investment in Vietnam.
2. assessment process, investment certificates applicable to large-scale investment projects of capital from 15 billion over Vietnam.
Article 12. Investment certificates and other forms 1. The content of the investment certificates are: a) the name, address of the investor.
b) target of investment scale of project investment.
c) National Names, territories receiving investment projects.
d) capital.
DD) time limit for implementation of investment projects.
e) progress of implementing investment projects.
g) incentives and investment support (if any).
2. Ministry of planning and investment issued the following template text: registered investment projects; proposed investment project assessment; explanation of the investment project; recommended adjustment of investment certificates; explanation about the proposal to adjust the investment certificates; notice of implementation of investment projects; operational situation report of investment projects.
Article 13. Registration process, investment certificates 1. The investment projects include: a) the text register investment projects.
b) A copy of: the certificate of investment for corporate investors have invested abroad; or business registration certificate or decided to establish valuable papers or legal equivalent for investors is held; or people's mail ID or passport for individual investors to Vietnam; or investment licenses to investors is business for foreign capital investment is licensed before 1 July 2006 but not reregistered under the investment law, business law.
c) contract or written agreement with partners about raising capital or buy shares or investment cooperation projects have other partners involved in the investment.

d) text agreed by Board members or the Board or the shareholders or the Board members Township Congress about foreign direct investment for investors as limited liability companies or partnerships or joint-stock companies or cooperatives in necessary cases under the provisions of the law on business cooperative.
2. Investors filed with the Ministry of planning and investment 3 the investment project profile, including 1 set of original records. The Ministry of planning and investment to check the validity of the record investment project stipulates in paragraph 1 of this article. The case of the content needs to be clarified in relation to the investment project profile, within 5 working days from the date of receiving the application, the Ministry of planning and investment has the text suggested investors explanation about the content need to be clarified.
3. Within 15 working days from the date of receiving documents, Ministry of planning and investment, investment certificates, and stars send The Department of Commerce, finance, State Bank of Vietnam, the Ministry of Economics-management techniques, the Foreign Ministry and the provincial people's Committee , central cities (hereafter referred to collectively as the provincial people's Committee) where the investor is headquartered.
4. Case profile investment project is not approved, the Ministry of planning and investment has written notice and stating the reason sent to investors.
Article 14. Assessment process, investment certificates 1. The investment projects include: a) text recommended assessment of investment projects.
b) A copy of: the certificate of investment for corporate investors have invested abroad; or business registration certificate or decided to establish valuable papers or legal equivalent for investors is held; or people's mail ID or passport for individual investors to Vietnam; or investment licenses to investors is business for foreign capital investment is licensed before 1 July 2006 but not reregistered under the investment law, business law.
explanation of text c) investment projects include the following: investment objectives; the location of investment; the scale of capital investment; investment capital; the use of labor in Vietnam (if available); the use of raw materials from Vietnam (if available); the progress of implementation of investment projects.
d) contracts or agreements with partners about raising capital or buy shares or partnership investment with respect to the case of other partners involved in the investment.
DD) the text agreed by the Council members or the Board or the shareholders or the Board members Township Congress about offshore investment for investors as limited liability companies or partnerships or joint-stock companies or cooperatives in necessary cases under the provisions of the law on business cooperative.
2. Investors sent the Ministry of planning and investment, the 8th investment project profile, including 1 set of original records. The Ministry of planning and investment to check the validity of the record investment project stipulates in paragraph 1 of this article.
3. Content of the assessment of investment projects, including: a) the conditions for foreign direct investment as defined in paragraph 1, item 2 and item 3 article 4 of this Decree.
b) legal status of investors.
c) legality of direct investment abroad.
d) the progress of implementing investment projects.
4. verification procedure, investment certificates as follows: a) within 3 working days from the date of receiving documents, Ministry of planning and investment have written comments attached to investment projects submitted to the ministries concerned and the provincial people's Committee, where the investor is headquartered.
b) within 15 working days from the date of receiving the written opinions of the Ministry of planning and investment, the Agency asked the opinion of conducting verification of investment project profiles and comments in writing on the contents in the governance field is assigned; so the deadline on which the Agency was asked no comments in writing shall be deemed to have approved the investment project profiles for the content in the field of Administration is assigned.
c) for investment projects provided for in article 9 of this Decree, within 25 working days from the date of receiving documents, Ministry of planning and investment process of Prime writing assessment comments attached investment project profiles and comments in writing of the relevant agency to the Prime review decision.
Within 5 days from the receipt of the opinion of the Prime Minister, the Ministry of planning and investment granted investment certificates.
d) for investment projects not specified in article 9 of this Decree, within 30 days from receipt of valid records, the Ministry of planning and investment granted investment certificates.
DD) investment certificates is why send the Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of Economics-management techniques, the Foreign Ministry and the provincial people's Committee, where the investor is headquartered.
e) case records investment project is not approved, the Ministry of planning and investment has written notice and stating the reason sent to investors.
Article 15. Adjust the investment certificates When there is the need to adjust the investment project has been granted investment certificates related to investment objectives, investment projects, the scale of capital investment, the investor, the country receiving the investment project, the time limit for implementation of investment projects, the investors have to do procedures of adjustments of investment certificates according to the following procedure : 1. Registration process, adjustment of investment certificates apply to the following cases: a) contents of adjustments of investment certificates is not related to the scale of capital and investment.
b) contents of adjustments of investment certificates is not related to the field of investment specified in clause 1 article 9 of this Decree and the total capital after rising more than 15 billion in Vietnam.
2. assessment process, adjustment of investment certificates apply to the case specified in clause 1 of this article.
Article 16. Registration process, adjustment of investment certificates 1. The investment projects include: a) text recommended to adjust the investment certificate.
b) transfer of capital and legal records of partners participated in investment projects (if there is transfer of investment capital).
c) certified copy of the certificate of investment.
d) text agreed by Board members or the Board or the shareholders or the Board members Township Congress about foreign direct investment for investors as limited liability companies or partnerships or joint-stock companies or cooperatives in necessary cases under the provisions of the law on business cooperative.
DD) situation report activity of investment projects to investors have written to recommend adjustment of investment certificates.
2. Investors sent the Ministry of planning and investment 3 the investment project profile, including 1 set of original records.
3. where there is content related to investment projects need to be clarified, within 5 working days from the date of receiving the investment project profiles, the Ministry of planning and investment has the text suggested investors explanation about the content need to be clarified.
4. Within 15 working days from the date of receiving documents, Ministry of planning and investment granted investment certificate adjust, and stars send the Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of Economics-management techniques, the Foreign Ministry and the provincial people's Committee, where the investor is headquartered.

Case records investment project is not approved, the Ministry of planning and investment has written notice and stating the reason sent to investors.
Article 17. Assessment process, adjust the investment certificate 1. The investment projects include: a) text recommended to adjust the investment certificate.
explanation of text b) suggest adjustment of investment certificates.
c) contract transfer of capital and legal records of partners participated in investment projects (if there is transfer of investment capital).
d) certified copy of the certificate of investment.
DD) the text agreed by the Council members or the Board or the shareholders or the Board members Township Congress about offshore investment for investors as limited liability companies or partnerships or joint-stock companies or cooperatives in necessary cases under the provisions of the law on business cooperative.
e) situation report activity of investment projects to investors have written to recommend adjustment of investment certificates.
2. Investors sent the Ministry of planning and investment of 6 record investment projects, of which 12 sets of original records.
3. within 3 working days from the date of receiving documents, Ministry of planning and investment have written comments attached to investment projects submitted to the Ministry, the industry and the provincial people's Committee, where the investor is headquartered.
Within 15 working days from the date of receiving the written opinions of the Ministry of planning and investment, the Agency asked the opinion of conducting verification of investment project profiles and comments in writing on the contents in the governance field is assigned; so the time limit stated above that the Agency be asked no comments in writing shall be deemed to have approved the investment project profiles for the content in the field of Administration is assigned.
4. Ministry of planning and investment, the Prime Minister's decision in the following cases: a) the adjustment of investment projects in the field of investment or the scale of capital specified in article 9 of this Decree.
b) regulating investment or capital investment scale for non-investment projects provided for in article 9 of this Decree which after adjustment, investment projects that qualify under the authority approved the Prime Minister's investment provisions in article 9 of this Decree.
5. for projects as defined in article 9 of this Decree, within 25 working days from the date of receiving documents, Ministry of planning and investment process of Prime writing assessment comments attached investment project profiles and comments by the Agency in relation to the Prime review decision.
 Within 5 working days from the date of receiving comments from the Prime Minister's approval, the Ministry of planning and investment granted investment certificate tuning.
6. for non-investment projects provided for in article 9 of this Decree, within 30 working days from the date of receiving documents, Ministry of planning and investment granted investment certificate tuning.
7. the adjusted investment certificates are copy sent the Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of Economics-management techniques, the Foreign Ministry and the provincial people's Committee, where the investor is headquartered.
8. Case profile investment project is not approved, the Ministry of planning and investment has written notice and stating the reason sent to investors.
Article 18. Use the profits to invest abroad 1. The case used the profits from the investment project abroad to reinvest in the political project which must then be the Ministry of planning and investment, adjust investment certificates according to the provisions of this Decree.
2. in case of use the profits gained from the overseas investment projects to invest in other projects abroad it must be the Ministry of planning and investment the investment certificates for other projects that under the provisions of this Decree.
Article 19. Registration of investment project 1. Investors do not have to register again for investment projects had investment licenses or text allows for direct investment abroad before the decree to this effect.
2. in case of need to register again, investors sent the Ministry of planning and investment 3 the investment project profile, including 1 set of original records. The investment projects include: a) the suggested text-registration project.
b) situation report activity of investment projects to investors have suggested text-registration project.
c) certified copy of the license text or allow foreign investment.
2. When do the registration procedure again as suggested by investors, the Ministry of planning and investment recorded on the certificate of the investment benefits and incentives that investors are entitled to under the provisions of the law.
3. Within 15 working days from the date of receiving documents, Ministry of planning and investment granted investment certificates of investment licenses or alternative text allows the investment had been granted earlier.
Chapter III IMPLEMENTATION article 20 INVESTMENT PROJECTS. Notice of implementation of investment project 1. Within a period of 60 days from the date of the investment projects approved under the provisions of the law of the country receiving the investment, investors must have written notice of the project investment accompanied a copy of the text approved investment projects or writing legal value equivalent in accordance with the law of the receiving country send investment planning investment, the Ministry of finance, Ministry of Commerce, Ministry of Economics-management techniques, the Foreign Ministry, the State Bank of Vietnam and the provincial people's Committee, where the investor is headquartered.
2. Written notice of the project investments include the following: a) the name, address of headquarters economy institutions abroad; name, address, branch, Representative Office (if available).
b) target of investment, the investment sector.
c) invested by overseas economic organizations; the portion of capital participation of investors.
d) information on behalf of investors and representatives of economic organizations abroad include: full name, permanent address (in Vietnam and abroad), position, number of people's ID or passport number.
3. where there is a change in the content of the provisions in paragraph 2 of this article, within a period of 30 days from the date of the change, the investor has a text message about the content change sent the Ministry of planning and investment.
Article 21. The time limit for implementing investment projects 1. So the time limit of 12 months from the date the certification was that investment projects are not the country receiving the investment approval, or too time limit of 6 months from the date of investment projects are the competent authorities of the country receiving the investment approved investment projects which were not implemented, the investor must have text stating reasons and suggestions extend the project investment or to recommend termination of the investment project submitted the Ministry of planning and investment.
2. Within 15 working days from the date of receiving the recommended text extend project investment or proposed text termination of investment projects, the Ministry of planning and investment has written approval or disapproval about the limited deployment of investment projects or approves termination of investment projects at the same time sent the Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of Economics-management techniques, the Foreign Ministry and the provincial people's Committee, where the investor is headquartered.
3. The extension of the investment project implementation is done no more than 2 times, each time not more than 6 months.
Article 22. Operational situation report of investment projects

Annually, within 6 months from the date of having tax-settlement reports or text has legal value equivalent in accordance with the law of the country receiving the investment, investors have written to report the situation of the investment project activities accompanied the tax settlement reports or text equivalent legal value under the provisions of the law of the receiving country send the Ministry of planning and investment, Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of Economics-management techniques and the provincial people's Committee, where the investor is headquartered.
Article 23. Transfer of capital abroad 1. Investors are shifting capital abroad to perform investment activities after satisfying the following conditions: a) has been granted investment certificates.
b) project has been the competent State organs of the country receiving the investment approved in accordance with the law of the country receiving the investment.
2. The transfer of foreign currency abroad before being granted investment certificates for study, preparation of investment project made under the provisions of the law on Foreign Exchange Management and provisions of relevant laws.
3. The transfer of capital abroad must comply with the provisions of the law on Foreign Exchange Management, export, technology transfer and other provisions of the relevant laws.
Article 24. Account the investment project implementation Every foreign currency transfers from Vietnam abroad and from abroad to Vietnam involving investment projects are implemented through a foreign currency account opened in a credit institution is allowed to operate in Vietnam and foreign exchange are registered with the State Bank of Vietnam.
Article 25. Turning a profit of 1. Within a period of 6 months from the date have tax or legal value text equivalent under the provisions of the law of the country receiving the investment, investors must transfer the entire profit and other earnings from the investment project of Vietnam.
2. in case of need of extending the time limit specified in paragraph 1 of this article, the investor must have written recommendations and stating the reason for sending the State Bank of Vietnam to review the decision. The renewal is made not more than 2 times, each time not more than 6 months.
Article 26. Liquidation of investment project 1. Shortly after the end of the project investment, investors must liquidate investment projects under the provisions of the law of the country receiving the investment.
2. Within a period of 6 months from the date of the end of the liquidation of investment projects, investors must turn on water the entire proceeds from the liquidation of investment projects.
3. in case of need of extending the time limit specified in paragraph 2 of this article, the investor must have written recommendations and stating the reason for sending the Ministry of planning and investment decision. The extension is done once and not more than 6 months.
Article 27. Financial obligations 1. Investors have a responsibility to fulfill the financial obligations for the State of Vietnam under the provisions of the law.
2. in case of investment projects in the field of investment incentives, the corporate income tax rates in Vietnam for the profit transfer of water is applied as corporate income tax rates applicable to domestic investment projects in the same fields of investment.
3. where the country receiving the investment as countries or territories have signed agreements on double taxation avoidance with Vietnam, the tax obligation of the investor for the State Vietnam follow the provisions of that agreement.
4. in case the country receiving the investment as countries or territories have yet to sign a treaty to avoid double taxation with the Vietnam corporate income taxes have been filed in the country receiving the investment will be deducted when calculating the corporate income tax in Vietnam.
5. The exemption of export tax for the property carried out abroad to implement the investment project made under the provisions of the law on the export tax, import tax.
Article 28. The responsibility of investors towards workers 1. Investors are directly or through job introduction organizations to recruit Vietnam under the provisions of the law of labor of Vietnam, and of the country receiving the investment.
2. Investors must fulfill the formalities prescribed by law for putting Vietnam offshore workers work in investment projects; at the same time ensuring the legal rights of laborers overseas Vietnam; is responsible for resolving issues arising under the contracts give Vietnam offshore workers work in investment projects and other provisions of the relevant laws.
Article 29. Cessation of effect investment certificates of investment certificates terminating in force in the following cases: 1. the expiry of the provisions recorded in the certificate of investment or investment expiry under the provisions of the law of the country receiving the investment.
2. the time limits specified in article 21 of this decree that the project not be implemented.
3. overseas economic organizations were dissolved or bankrupt under the provisions of the law of the country receiving the investment.
4. the investors bankrupted or dissolved to dissolve organizations abroad or to transfer the entire overseas investment for the Organization, foreign individuals.
5. the 12 months from the date of having tax-settlement reports or text has legal value equivalent in accordance with the law of the country receiving the investment that investors do not have the text of the report on the situation of the investment project activity specified in article 22 of this Decree.
6. Investors who violate the provisions of the law of Vietnam or the law of the country receiving the investment led to the cessation of the effect of investment certificates.
7. Investors have written to recommend termination of the investment project and the Ministry of planning and investment approvals.
Chapter IV ADMINISTRATION of OUTWARD DIRECT INVESTMENT article 30. State management responsibility 1. The unified Government to manage the State of outward direct investment within the country.
2. Ministry of planning and investment, the Government is responsible to perform the State management of the direct investment abroad. 
3. The ministries, ministerial-level agencies in the scope of the task, their powers are responsible for implementing State management of foreign direct investment in the field is assigned.
Article 31. The responsibility of the Ministry of planning and investment to 1. Hosted, in cooperation with the ministries and building local strategies, Orient Overseas direct investment according to each period.
2. Issued under the authority or the authority issued the legal text of the direct investment abroad.
3. Organize, perform the registration, assessment, level, tuning, recovery of investment certificates.
4. Hosted, in cooperation with the ministries, local guide, test, monitor, and resolve the problems in the implementation of the provisions of the law on foreign direct investment.
5. In coordination with the Vietnam State agencies in the country and abroad to support the investors according to the authority.
6. test, inspection, surveillance under the authority the implementation of the provisions of the law on foreign direct investment; complaints, accusations, reward and processed under the authority in direct investment activities abroad.

7. Periodically, 6th annual, and working with the Finance Ministry, the State Bank of Vietnam, The central labor, the Th-invalids and Social Affairs, the Ministry of Economics-management techniques, the Foreign Ministry, the provincial people's Committee concerned to promptly the recommendations of investors , issued by the authority or the proposed mechanisms, policies and solutions needed to improve the efficiency of direct investment activities abroad.
8. Annual, General, reported the Prime Minister about the situation and the activities of socio-economic efficiency of direct investment projects abroad, and sent the Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of labor, invalids and Social Affairs, the Ministry of Economics-management techniques Ministry of Foreign Affairs, the provincial people's Committee concerned and the General Department of statistics.
Article 32. The responsibility of the State Bank of Vietnam 1. Hosted, in cooperation with the Ministry of planning and investment and the other muscles involved in building, issued by the authority or the authority to enact the provisions of the law, mechanisms, credit policy, the foreign exchange management activities related to foreign direct investment.
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.
3. test, inspection, surveillance under the authority for foreign currency transfer operations from Vietnam to foreign countries and from abroad about Vietnam related to direct investment projects abroad.
4. Periodically 6, and every year, the State Bank of Vietnam have written reviews of the situation to transfer foreign currencies from Vietnam abroad and from abroad about Vietnam related to direct investment projects abroad send the Ministry of planning and investment, Ministry of finance, Ministry of Commerce Ministry of labor, invalids and Social Affairs, the Ministry of Economics-management techniques, the Foreign Ministry, the provincial people's Committee concerned and the General Department of statistics.
Article 33. 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 policy relating to direct investment activities abroad.
2. Join comments on the problems in the financial sector related to direct investment abroad upon request of the Prime Minister or the proposal of the Ministry of planning and investment.
3. Perform the export taxes, import tax jurisdiction for cases involving direct investment activities abroad are exempt from tax, tax free importation under the provisions of the law.
4. test, inspection, surveillance under the authority the implementation of the financial obligations of the investor for the State of Vietnam.
5. Periodically 6, and every year, the Ministry of Finance has general text, reviews the implementation of the financial obligations of the investor for the Vietnam State sent the Ministry of planning and investment, Ministry of Commerce, Ministry of labor, invalids and Social Affairs, the Ministry of Economics-management techniques Ministry of Foreign Affairs, the State Bank of Vietnam, the provincial people's Committee concerned and the General Department of statistics.
Article 34. The responsibility of the Ministry of Commerce 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 related to direct investment activities abroad.
2. Join comments on the content in the field of trade related to direct investment abroad upon request of the Prime Minister or the proposal of the Ministry of planning and investment.
3. Responsible for checking, inspection, supervision by the authority with respect to the commercial activities related to foreign direct investment.
4. Periodically 6, and every year, the Ministry of Commerce have written reviews about the trade situation involving direct investment activities abroad send the Ministry of planning and investment, Ministry of finance, Ministry of labor, invalids and Social Affairs, the Ministry of Economics-management techniques, the Ministry of Foreign Affairs , State Bank of Vietnam, the provincial people's Committee concerned and the General Department of statistics.
Article 35. 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 of the rule of law, mechanisms, management policy, employers related to direct investment activities abroad.
2. Join comments on issues related to bringing Vietnam offshore workers work in the project as requested by the Prime Minister or the proposal of the Ministry of planning and investment.
3. test, inspection, surveillance under the authority for putting Vietnam offshore workers work in the project.
4. Periodically 6, and every year, the Ministry of labor, invalids and Social Affairs have written reviews of the situation take Vietnam labour abroad working in the projects of the Ministry of planning and investment, Ministry of finance, Ministry of Commerce, Ministry of Economics-management techniques, the Ministry of Foreign Affairs , State Bank of Vietnam, the provincial people's Committee concerned and the General Department of statistics.
Article 36. The responsibility of ministries, ministerial agencies, other government agencies 1. In collaboration with the Ministry of planning and investment in building the rule of law, policies and planning related to direct investment activities abroad.
2. Join comments on issues in the field of governance are assigned relating to direct investment abroad upon request of the Prime Minister or the proposal of the Ministry of planning and investment.
3. test, inspection, supervision by the authority with respect to the issues in the field of governance are assigned relating to direct investment activities abroad.
4. Periodically 6, and every year, the Ministry of Economics-management techniques have written reviews of the situation of direct investment abroad in the area of governance was assigned to send the Ministry of planning and investment, Ministry of finance, Ministry of Commerce, Ministry of labor, invalids and Social Affairs Ministry of Foreign Affairs, the State Bank of Vietnam, the provincial people's Committee concerned and the General Department of statistics.
Article 37. The responsibility of the provincial people's Committee 1. In coordination with the ministries concerned according to the jurisdiction rules in the Guide and support investors headquartered locally done properly the provisions of investment law, decrees and other regulations of the relevant law.
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.
3. Inspection, testing, monitoring by the authority about the implementation of the financial obligations of investors investing has its headquarters located in the area for the Vietnam State and putting local workers abroad to work in the project.
4. Periodically 6, and every year, the provincial people's Committee have written reviews of the situation of the direct investment abroad of investors based in the area and the situation is putting local workers abroad to work in the projects of the Ministry of planning and investment The Ministry of finance, Ministry of Commerce, the State Bank of Vietnam, the Ministry of labor, invalids and Social Affairs, the Ministry of Economics-management techniques, the Foreign Ministry and the General Department of statistics.

Article 38. Assist investors in foreign diplomatic missions overseas Vietnam with clues in collaboration with the agencies of Vietnam abroad, the authorities of the State of Vietnam in the country in order to: assist the investors in the observance of the rule of law in the country; 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 implementing investment projects abroad.
 Article 39. The Inspector, The Inspector checks, check the project made under the provisions of the law on the Ombudsman, check.
Article 40. Handle violation of organization, individuals violating the provisions of this Decree shall, depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter V PROVISIONS Enacted 41.  Effect 1. The Decree has effect after 15 days from the date the Gazette; at the same time replacing Decree No. 22/1999/ND-CP on April 14, 1999 of the Government regulations on foreign investment of Vietnam business.
2. investment projects have been licensed to invest or have text allows for direct investment abroad before the decree to this effect but not reregistered under the investment law was continued in operation and follow the provisions of this Decree.
Article 42. Terms of implementation 1. The Ministry of planning and investment, Ministry of finance, Ministry of Commerce, Ministry of labor, invalids and Social Affairs, the State Bank of Vietnam, the Foreign Ministry is responsible for guiding the implementation of this Decree.
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.