Overseas Investment Consulting Services 2024: Dossier and Procedures

In the context of today’s dynamic global economic integration, outbound investment consultation services have become an indispensable part of helping investors navigate international markets. As the global market expands, investors not only gain opportunities to grow their capital but also face numerous legal, tax, and fee-related challenges, as well as risks arising from cultural and market differences. BKC Law’s outbound investment consultation service serves as a reliable partner, providing optimal solutions to help investors make the most beneficial and secure investment decisions.

What is Outbound Investment Consultation?

Pursuant to Clause 13, Article 3 of the Investment Law 2020, outbound investment activity is defined as “the transfer of investment capital from Vietnam abroad by an investor, and the use of profits derived from such capital to carry out investment and business activities abroad.”

Forms and Conditions for Outbound Investment

Pursuant to Clause 1, Article 52 of the Investment Law 2020, investors wishing to make direct outbound investments may do so in the following forms:

• Establishing an economic organization in accordance with the laws of the host country;
• Investing in the form of contracts abroad;
• Contributing capital, purchasing shares, or purchasing capital contributions in foreign economic organizations to participate in the management of such organizations;
• Purchasing or selling securities, other valuable papers, or investing through securities investment funds or other intermediary financial institutions abroad;
• Other forms of investment as permitted by the laws of the host country.

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

• The outbound investment activity complies with the principles stipulated in Article 51 of this Law;
• The activity does not fall under sectors or lines prohibited for outbound investment as prescribed in Article 53 of this Law, and satisfies the conditions for outbound investment in conditional sectors as stipulated in Article 54 of this Law;
• The investor commits to self-arranging foreign currency or obtains a commitment from a permitted credit institution to arrange foreign currency for the outbound investment activity;
• The investor has an outbound investment decision as prescribed in Article 59 of this Law;
• The investor has a document from the tax authority confirming fulfillment of tax obligations. The confirmation must be issued no more than 03 months prior to the date of dossier submission for the investment project.

Outbound Investment Consultation Service Provided by BKC Law

Dossier and Procedure for Obtaining Outbound Investment Registration

To be granted an Outbound Investment Registration Certificate, investors shall follow these steps:

Step 1: Prepare the required dossier
Pursuant to Article 61 of the Investment Law 2020:
For investment projects subject to investment policy approval, the Ministry of Planning and Investment shall issue the Outbound Investment Registration Certificate within 05 working days from the date of receipt of the investment policy approval document and the outbound investment decision as prescribed in Article 59 of this Law.

For investment projects not subject to investment policy approval, the investor submits the application dossier for issuance of the Outbound Investment Registration Certificate to the Ministry of Planning and Investment, including:
– Application for outbound investment registration;
– Documents proving the legal status of the investor;
– Outbound investment decision as prescribed in Article 59 of the Investment Law 2020;
– Written commitment to self-balance foreign currency or a written commitment to arrange foreign currency for the investor issued by a permitted credit institution as prescribed in Clause 3, Article 60 of the Investment Law 2020;
– For investment projects in sectors specified in Clause 1, Article 54 of this Law, the investor shall submit the approval document from the competent state authority confirming compliance with outbound investment conditions as prescribed by relevant laws (if any).

Step 2: Submit the dossier for issuance of the Outbound Investment Registration Certificate to the Ministry of Planning and Investment.

Step 3: The Ministry of Planning and Investment appraises the dossier.

Step 4: The Ministry of Planning and Investment issues the Outbound Investment Registration Certificate; in case of refusal, it shall notify the investor in writing and clearly state the reasons.

Outbound Investment Procedure

Step 1: Prepare the outbound investment dossier.

Step 2: Apply for the Outbound Investment Registration Certificate.

Step 3: Register foreign exchange transactions related to outbound investment activities.

Step 4: Transfer investment capital abroad.

Step 5: Comply with the outbound investment reporting regime.

Outbound Investment Consultation and Support Services at BKC Law

BKC Law’s outbound investment registration service provides a comprehensive range of in-depth legal solutions to support individuals and organizations intending to invest abroad. With a team of experienced lawyers specialized in outbound investment consultation, BKC Law is committed to delivering professional services that meet the complex legal requirements of our clients.

Key services include:
– Legal consultation: Providing comprehensive advice on regulations, procedures, and conditions necessary for outbound investment.
– Registration and licensing: Assisting clients throughout the investment registration process, preparing dossiers, and handling licensing procedures with competent authorities.
– Contract and agreement drafting: Drafting and reviewing contracts and agreements related to outbound investment activities to ensure full legal compliance.
– Dispute resolution: Supporting the resolution of legal disputes arising during outbound investment activities.

BKC Law is committed to delivering effective and tailored legal solutions, enabling clients to confidently expand their business and investment into international markets with success.

For further information and free legal consultation from BKC Law’s Lawyers, please contact us at:

Telephone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City

Binh Tan Office: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City