Overseas investment registration certificate service

20 March, 2025 52 Views

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Issues related to procedures for applying for an overseas investment registration certificate are currently receiving a lot of attention. With the development of the economy and society, as well as the strengthening of diplomatic relations between Vietnam and other countries, Vietnamese individuals and businesses increasingly aspire to bring their products to the international market, expand their consumer base, broaden

their investment markets, and seek new opportunities.

Within the scope of this article, BKC LAW provides useful information regarding overseas investment activities as follows.

Forms of overseas investment and conditional investment sectors

Overseas investment registration certificate service

According to the Investment Law 2020, investors can choose from the following forms of overseas investment:

Establishing an economic organization under the laws of the host country
Investing under contractual arrangements abroad
Contributing capital, purchasing shares, or acquiring equity in an overseas economic organization to participate in its management
Buying or selling securities, valuable papers, or investing through securities investment funds and other intermediary financial institutions abroad
Other investment forms as stipulated by the laws of the host country

Note: For specific industries such as banking, insurance, securities, journalism, broadcasting, television, or real estate, investors must meet additional legal requirements when making overseas investments.

Procedures for obtaining an overseas investment registration certificate

Step 1: Determine if the Investment Project Requires Investment Policy Approval

According to Article 56 of the Investment Law 2020, certain projects must obtain investment policy approval from the National Assembly or the Prime Minister. If the project does not fall under these authorities’ jurisdiction, it is not required to obtain such approval.

Processing time:

For projects under the National Assembly’s authority, the timeline depends on the submission date and the parliamentary session schedule.
For projects under the Prime Minister’s authority, the processing time is 100–120 days, excluding the time required for the State Appraisal Council formation.

Step 2: Apply for the Overseas Investment Registration Certificate

For projects requiring investment policy approval:
The Ministry of Planning and Investment (MPI) will issue the Overseas Investment Registration Certificate (OIRC) within five working days from the date of receiving the investment approval and overseas investment decision.

For projects not requiring investment policy approval:

Step 1: The investor must submit an online investment registration application through the National Investment Information System and file the physical application with the MPI within 15 days.

Step 2: The MPI reviews the application for validity. If the documents are incomplete or require clarification, the MPI will notify the investor within five working days.

For projects involving:

Foreign currency transfers of VND 20 billion or more, or
Conditional investment sectors,

The MPI must consult specialized agencies, which will provide feedback within seven working days.

Step 3: Within 15 days of receiving a valid application, the MPI issues the Overseas Investment Registration Certificate.

Processing time: Approximately 50–60 days, excluding time for evaluations by specialized agencies.

Required documents for projects not requiring investment policy approval

Overseas Investment Registration Application
Legal documents proving the investor’s status
Overseas investment decision as per Article 59 of the Investment Law
Commitment letter confirming self-balanced foreign currency resources or a guarantee from a licensed financial institution
Approval from competent authorities for conditional overseas investment projects

Post-Certification procedures for overseas investment

Registering a foreign direct investment (FDI) capital account
Registering foreign exchange transactions for transferring funds abroad after obtaining the OIRC and the business license in the host country
Registering an account on the National Investment Information Portal to comply with periodic reporting requirements

BKC Law’s services for obtaining an overseas investment registration certificate

With a team of experienced lawyers, solid legal expertise, and bilingual consulting capabilities, BKC LAW is confident in being one of the best legal partners in the market, helping businesses obtain overseas investment registration certificates at the most reasonable and transparent costs.

Additionally, BKC LAW offers services in:

Litigation
Post-establishment business services
Comprehensive accounting and tax services
Services for foreigners in Vietnam

For legal consultation at BKC LAW, please contact our lawyers via the following information:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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This article is intended to provide general information only and is not intended to provide any architectural solution ideas for any specific case. The legal regulations cited in the article were in effect at the time of posting but may have expired by the time you read it. BKC Law recommends that you consult a professional/lawyer before applying.