Outbound Investment Advisory: Updated Dossiers and Procedures

11 February, 2026 142 Views

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The outbound investment advisory service has become an indispensable component in today’s context of global economic integration. With the expansion of international markets, investors not only have opportunities to diversify and grow their investment capital but also face numerous legal, tax, and compliance challenges, as well as risks arising from cultural and market differences. BKC Law’s outbound investment advisory service serves as a trusted companion, providing optimal solutions to help investors make investment decisions that are both highly beneficial and safe.

What is outbound investment advisory?

Outbound Investment Advisory: Updated Dossiers and Procedures

Pursuant to Clause 13, Article 3 of the Law on Investment 2020, outbound investment is defined as “the act of an investor transferring investment capital from Vietnam to a foreign country and using the profits earned from such capital to conduct investment and business activities abroad.”
Outbound investment advisory refers to activities supporting enterprises in identifying competitive advantages when investing in key sectors of a foreign country, while helping new investors avoid unnecessary risks.

Legal basis for outbound investment

Law on Investment 2020;
Decree 31/2021/ND-CP guiding the Law on Investment;
Circular 03/2021/TT-BKHĐT prescribing templates for documents and reports related to investment activities in Vietnam, outbound investment, and investment promotion;
Circular 25/2023/TT-BKHĐT amending Circular 03/2021/TT-BKHĐT.

Forms and conditions for outbound investment

Outbound Investment Advisory: Updated Dossiers and Procedures

Pursuant to Clause 1, Article 52 of the Law on Investment 2020, investors wishing to conduct direct outbound investment may do so through the following forms:

Establishing an economic organization in accordance with the laws of the host country;
Investment in the form of contracts executed abroad;
Contributing capital, purchasing shares, or acquiring capital contributions of a foreign economic organization to participate in its management;
Purchasing or selling securities or other valuable papers, or investing through overseas investment funds or other intermediary financial institutions;
Other forms of investment in accordance with the laws of the host country.

See also:

Company incorporation in Singapore

Company incorporation in the U.S.: Conditions, procedures, and updated costs

Pursuant to Article 60 of the Law on Investment 2020, Vietnamese enterprises intending to invest abroad must satisfy the following conditions:

The outbound investment activity must comply with the principles prescribed in Article 51;
The investment must not fall under sectors prohibited for outbound investment under Article 53 and must satisfy conditions for conditional outbound investment sectors under Article 54;
The investor must have a commitment to self-arrange foreign currency or a commitment from an authorized credit institution to arrange foreign currency for the investment activity;
The investor must obtain a decision on outbound investment pursuant to Article 59;
The investor must obtain written confirmation from the tax authority regarding fulfillment of tax obligations. The confirmation must be issued no more than 03 months prior to the submission of the investment application.

Updated procedure for outbound investment advisory

1. Preparing outbound investment documents

Key information to be prepared includes:

Name of the investment project / intended foreign company;
Information on the head office or business location abroad;
Business sectors abroad;
Information on foreign partners;
Details of outbound investment capital.

2. Application for the Outbound Investment Registration Certificate

Outbound Investment Advisory: Updated Dossiers and Procedures

To obtain the Outbound Investment Registration Certificate, investors shall proceed as follows:

Step 1: Preparation of application dossier

According to Article 61 of the Law on Investment 2020:

For investment projects subject to outbound investment policy approval, the Ministry of Planning and Investment (MPI) shall issue the Outbound Investment Registration Certificate within 05 working days from receipt of the written approval of the investment policy and the outbound investment decision pursuant to Article 59.

For projects not subject to policy approval, investors shall submit the application dossier to MPI, including:

Outbound investment registration form;
Documents proving the investor’s legal status;
Outbound investment decision pursuant to Article 59 of the Law on Investment 2020;
Commitment to self-arrange foreign currency or commitment by an authorized credit institution to arrange foreign currency pursuant to Clause 3, Article 60 of the Law on Investment 2020;

For outbound investment projects in sectors specified under Clause 1, Article 54, investors must submit written approval from the competent authority confirming that the investment conditions are met (if applicable).

Step 2: Submission of the application for the Outbound Investment Registration Certificate to MPI.

Step 3: Appraisal of the dossier by MPI.

Step 4: Issuance of the Outbound Investment Registration Certificate.

If the application is refused, a written explanation must be provided.

3. Registration of foreign exchange transactions related to outbound investment

Step 1: The investor submits (in person or by post) 01 application dossier for registration of foreign exchange transactions to the State Bank of Vietnam (SBV).
Step 2: If the dossier is incomplete, within 05 working days from receipt, SBV will request additional documents.
Step 3: Within 10 working days from receipt of a complete dossier, SBV will confirm or refuse the registration. In case of refusal, SBV must state the reason in writing.

Dossier for registration of foreign exchange transactions includes:

Application form for registration of foreign exchange transactions related to outbound investment;
Copy of the Outbound Investment Registration Certificate;
Foreign-language and Vietnamese translations of documents approving or permitting the investment by the host country, or documents proving the investor’s right to conduct investment activities abroad;
Original confirmation by an authorized credit institution regarding the investor’s capital account, including account number and foreign currency type;
Original confirmation by an authorized credit institution regarding the amount transferred abroad prior to issuance of the Outbound Investment Registration Certificate (if any);
Explanation of the necessity to transfer investment capital abroad in VND (if applicable).

See full details here:

Procedure for registering foreign exchange transactions related to outbound investment

4. Transfer of outbound investment capital

Conditions for transferring outbound investment capital

First, the investor must have been issued the Outbound Investment Registration Certificate.

Second, the project must be approved by the competent authority of the host country. If the host country does not require investment approval, the investor must have documents proving the right to conduct investment activities.

Third, the investor must have a capital account pursuant to Article 63 of the Law on Investment.

Fourth, the investor shall be responsible for ensuring lawful, timely, and purpose-specific capital transfers, in compliance with petroleum contracts, share purchase agreements, etc.

Fifth, capital transfers must be made through the outbound investment capital account after SBV confirms the registration of foreign exchange transactions.

5. Reporting regime for outbound investment

After preparing the reporting documents, investors may submit them via either of the following methods:

Submitting written reports to the Foreign Investment Agency – Ministry of Planning and Investment;
Submitting reports through the National Investment Information System via the assigned account.

Report contents include:

Written notification on the implementation of outbound investment activities;
Quarterly and annual operational reports of the enterprise;
Financial statements and tax finalization reports.

Corporate legal advisory services

Outbound investment advisory services at BKC Law

BKC Law’s outbound investment registration service provides a comprehensive suite of specialized legal solutions supporting individuals and organizations intending to invest abroad.

What does BKC Law’s full-package outbound investment advisory service include?

Legal advisory: BKC Law provides comprehensive advice on regulations, procedures, and conditions for outbound investment.

Registration and licensing: Assisting clients with investment registration, preparation of application dossiers, and licensing procedures with competent authorities.

Contract drafting and negotiation: Drafting and reviewing contracts and agreements related to outbound investment to ensure legal compliance.

Dispute resolution: Supporting clients in resolving legal disputes arising during the investment process or when terminating an overseas investment project.

BKC Law is committed to providing effective and tailored legal solutions to help clients confidently expand their business and investment activities into international markets.