Thông tư 09/2015/TT-BKHDT

Circular No. 09/2015/TT-BKHDT dated October 23, 2015, promulgating forms on outward investment

Circular No. 09/2015/TT-BKHDT promulgating forms on outward investment đã được thay thế bởi Circular 03/2018/TT-BKHDT promulgating forms used in outward investment và được áp dụng kể từ ngày 01/12/2018.

Nội dung toàn văn Circular No. 09/2015/TT-BKHDT promulgating forms on outward investment


THE MINISTRY OF PLANNING AND INVESTMENT
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. 09/2015/TT-BKHDT

Hanoi, October 23, 2015

 

CIRCULAR

PROMULGATING FORMS ON OUTWARD INVESTMENT

Pursuant to the Law on Investment No. 67/2014/QH13 dated November 26, 2014;

Pursuant to the Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment;

Pursuant to the Decree No. 116/2008/ND-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment promulgating forms on outward investment,

Article 1. Scope and regulated entities

1. Scope: This Circular promulgates forms on outward investment as prescribed in the Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment.

2. Regulated entities of this Circular are organizations and individuals involved in outward investment as prescribed in Article 2 of the Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment.

Article 2. Forms on outward investment

1. The forms on outward investment issued herewith include:

a) Form No. 1: Application for issuance of Certificate of outward investment registration  (applying to all types of outward investment projects),

b) Form No. 2: Proposals for outward investment project (applying to projects requiring outward investment decisions);

c) Form No. 3: Application for adjustments to Certificate of outward investment registration  (applying to all types of outward investment projects);

d) Form No. 4: Explanation for adjustments to Certificate of outward investment registration  (applying to projects requiring outward investment decisions);

dd) Form No. 5: Commitment to balance foreign currency sources;

e) Form No. 6: Commitment of credit institution to provide foreign currencies;

f) Form No. 7: Certification of investor’s fulfillment of tax obligation;

g) Form No. 8: Template of Certificate of outward investment registration;

h) Form No. 9: Notification of overseas investment operation;

i) Form No. 10: Quarterly report on operation of outward investment project;

j) Form No. 11: Annual report on operation of outward investment project;

k) Form No. 12: Application for extension of transferring profit to Vietnam;

l) Form No. 13: Approval for extension of transferring profit to Vietnam ;

m) Form No. 14: Notification of transferring total overseas investment capital to foreign investors sent to the State bank of Vietnam;

n) Form No. 15: Request for revocation of Certificate of outward investment registration ;

o) Form No. 16: Notification of expiration of Certificate of outward investment registration ;

p) Appendix 1: Instructions for completing the forms for investors;

q) Appendix  2: Instructions for completing the template of Certificate of outward investment registration  for issuing authority;

2. In the aforesaid forms, the ordinal numbers in the brackets at the left margin shall be referred to the Appendixes on instructions for completing forms.

Article 3. Effect

1. This Circular comes into force from December 8, 2015.

2. The Decision No. 1175/2007/QD-BKH dated October 10, 2007 of the Minister of Planning and Investment on issuance of forms on outward investment shall be annulled.

Article 4. Implementation

1. The Minister, Heads of ministerial-level agencies, Heads of Governmental agencies; the Presidents of the People’s Committees of central-affiliated cities and provinces and relevant agencies, organizations, and individuals shall implement this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration./.

 

 

 

MINISTER




Bui Quang Vinh

 

Form No. 1
(Applying to all types of outward investment projects)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

APPLICATION FOR ISSUANCE OF CERTIFICATE OF OUTWARD INVESTMENT REGISTRATION

To: The Ministry of Planning and Investment

 

[01]

 Investor(s) hereby applies/apply for outward investment as follows:

[02]

I. INVESTOR

 

1. Name and details of the first investor

 

2. Name and details of the second investor

 

3. …. (Name and details of the following investor(s) (if any)

 

In addition, the project is also engaged in by foreign investor(s), etc. (if any)

 

II. OUTWARD INVESTMENT PROJECT

[03]

1. Project’s name:…………………..

 

Name of overseas business organization  (if any): …………………….

[04]

Business name: ………………………………………………………

[05]

2. Headquarters address:…………………………………………

[06]

Location:…………………………………………..

[07]

3. Objectives:

- …………………………………………………………………………………………

 

Project scale:…………………………………………………………………………..

[08]

4. Investments:

 

- Total investment capital of the overseas project is USD……………….(in words), equivalent to VND............................(in words), and equivalent to (currency of the host country)........................(in words).

- Outward investment capital of Vietnamese investors is USD………………....(in words), equivalent to VND…………………….(in words), equivalent to (currency of the host country)........................(in words) (if any), in which:

[09]

Capital contributed by Vietnamese investors (Model table – Appendix).

[10]

Description of sources of outward investment capital: capital contribution, capital source and capital raising schedule (using the model table):…………………………………

[11]

5.  Execution schedule of the project from the date on which the Certificate of outward investment registration is issued:

[12]

6. Labor: Expected quantity of employees; in which there are................[number] Vietnamese guest employees.

 

7. Proposals of the investor (if any) ………………………………………………

 

III. COMMITMENT

1. Take legal responsibility for the accuracy and truthfulness of the documents’ contents and effects of the project;

2. Comply with Vietnamese law and regulations of investment certificate and law of…………………(the host country/territory).

IV. ENCLOSED DOCUMENTS

The documents (prescribed in Article 14 of Decree No. 83/ND-CP dated September 25, 2015 of the Government on outward investment; or Article 9 of Decree No. 83/ND-CP dated September 25, 2015 of the Government on outward investment applying to projects requiring the Prime Minister's approval):

- …….…….…….…….…….…….…….…….…….…….…….…….

- …….…….…….…….…….…….…….…….…….…….…….…….

 

 

[Location]............,[date]..................
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 2
(Applying to projects requiring the Prime Minister’s or the National Assembly’s decision)

PROPOSALS FOR OUTWARD INVESTMENT PROJECT

 

[01]

 Investor(s) hereby applies/apply for issuance of Certificate of outward investment registration  and provide description of outward investment project as follows:

[02]

1. Investors

- The first investor

- The second investor

- ..... …. (The following investor(s) (if any)

(Only their names are required, other details are unnecessary).

[03]

2. Name of overseas project/business organization:………………………………

[04]

Business name: ………………………………………………………

[05]

3. Headquarters address:…………………………………………

[06]

Location:…………………………………………..

[07]

4. Objectives:

Scale:…………………………………………………………………………..

[08]

5. Investment capital:

5.1. Total investment capital of the overseas investment project is USD……………………(in words), equivalent to VND …………………….(in words), and equivalent to (currency of the host country)…………………………(in words) (if any).

5.2. The outward investment capital of the Vietnam investors is..................... USD……………………(in words), equivalent to VND …………………….(in words), and equivalent to (currency of the host country)…………………………(in words) (if any), in which:

[09]

Capital contributed by Vietnam investors (Model table – Appendix).

[10]

Description of sources of outward investment capital: capital contribution, capital sources and capital raising schedule (using the model table):…………………………………

[11]

6. Execution schedule of investment project from the date on which the Certificate of outward investment registration is issued:

[12]

7. Labor: Expected quantity of employees; in which there are................[number] Vietnamese guest employees.

8. Measures for supply of materials and fuel for the project; in which the supply from Vietnam (if any):…….…….…….…….…….…….…….…….….…….…….…….…….…….…….…………

 

[13]

9. Essential technology process and plan for procurement of machinery and equipment:…………..

10. Assessment of the necessity of outward investment:………………………..

[14]

11. Assessment of economic effects and discharge of financial obligations (Model table – Appendix)

12. General assessment of economic effects and expected possibility and period of investment payback:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

13. Proposals of the investor(s) (if any) ………………………………………………

14. Commitment: I/We hereby take legal responsibility for the accuracy and truthfulness of the documents’ contents and effects of the project.

 

 

[Location]………….,[date]……………….
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 3

APPLICATION FOR ADJUSTMENTS TO CERTIFICATE OF OUTWARD INVESTMENT REGISTRATION 

(applying to all types of outward investment projects)

To: The Ministry of Planning and Investment

 

[01]

Investor(s) applies/apply for adjustments to the Certificate of outward investment registration  No. ……issued by the Ministry of Planning and Investment on............[date] as follows:

[02]

1. Name and details of the first investor

2. Name and details of the second investor

3. …. (Name and details of the following investor(s) (if any)

I. REPORT ON OPERATION OF OUTWARD INVESTMENT PROJECT

The project is granted the investment permit/approval No......on .............[date] by the …………..[authority’s name] of the………………[host country].

1. Fulfillment of the project's objectives

.........................................................................................................

2. Outward investment capital

The number of outward investment account…………….issued by the…………[bank’s name]

Until…….[date], the investor has transferred the outward investments as follows (by year):...........

3. Operation of the overseas investment project: execution schedule, transferred investment capital, quantity of Vietnamese guest employees.

4. Assessment of economic effects of the overseas investment project:………………………..

[14]

- Assessment of economic effects and discharge of financial liabilities (Model table – Appendix)

- Expected possibility and period of investment payback:……………………………….

- Description of profit use, discharge of financial obligations to Vietnam State (enclosed documents, if any)

[15]

II. ADJUSTMENTS

The investor(s) request(s) for the following adjustments:

1. The first adjustment:

- The following contents in the Certificate of outward investment registration :………….

 hereby are adjusted as follows:.....................

- Reasons for adjustment: ………………………

2. The second adjustment:

- The following contents in the Certificate of outward investment registration :………….

- hereby are adjusted as follows:.....................

- Reasons for adjustment: ………………………

3. The third adjustment (if any):

III. COMMITMENT

1. Take legal responsibility for the accuracy and truthfulness of the documents’ contents and effects of the project.

2. Comply with Vietnamese law and regulations of Certificate of outward investment registration  and law of…………………(the host country).

V. ENCLOSED DOCUMENTS

The documents (prescribed in Article 16 of Decree No. 83/ND-CP dated September 25, 2015 of the Government on outward investment; or Article 61 of the Law on Investment and Article 11 of Decree No. 83/ND-CP dated September 25, 2015 of the Government on outward investment applying to projects requiring the Prime Minister's approval):

- …………………………………………………………………………………………………

- …………………………………………………………………………………………………

 

 

[Location]………….,[date]…………
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 4
(Applying to adjustment projects requiring the Prime Minister’s or the National Assembly’s decision)

DESCRIPTION OF
ADJUSTMENTS TO CERTIFICATE OF OUTWARD INVESTMENT REGISTRATION

[01]

Investor(s) applies/apply for adjustments to the Certificate of outward investment registration  No. …… on............[date] as follows:

[02]

I. INVESTORS:

- The first investor

- The second investor

- ..... …. (The following investor(s) (if any)

[03]

Name of the overseas project/business organization:…………..

Invested in (country or territory):………………………….

[15]

II. ADJUSTMENTS

1. The first adjustment:

- The following contents in the Certificate of outward investment registration :………….

- hereby are adjusted as follows: …………………

- Reasons for adjustment: ………………………

2. The second adjustment:

- The following contents in the Certificate of outward investment registration :………….

- hereby are adjusted as follows: …………………

- Reasons for adjustment: ………………………

3. The third adjustment (if any):

III. ASSESSMENT OF THE NECESSITY OF THE ADJUSTMENTS

Assessment of the necessity of the adjustments:……………

Measures for supply of materials and fuel for the project; in which the supply from Vietnam (if any):…….…….…….…….…….…….…….…….….…….…….…….…….…….…….…………

[13]

Essential technology process and plan for procurement of machinery and equipment:…………..

[12]

Labor: Expected quantity of employees; in which there are................[number] Vietnamese guest employees.

[14]

Assessment of economic effects and discharge of financial obligations (Model table – Appendix)

General assessment of economic effects and expected possibility and period of investment payback:

IV. COMMITMENT:

Take legal responsibility for the accuracy and truthfulness of the documents’ contents and effects of the project;

 

 

[Location]……….,[date]……..
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 5

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

COMMITMENT TO BALANCE FOREIGN CURRENCY SOURCES

....................(investor's name) commits to balance foreign currency sources for outward investment as follows:

Project’s name:…………

Name of the overseas business organization (if any):……………

Project’s objectives:…………

The outward investment capital of Vietnamese investors: USD……………….(or another foreign currency).

……….(investor’s name) has a foreign currency account opened at the ...........(permitted credit institution) with the balance of USD (or another foreign currency)………………………(in words and figures) until……..[date]. (Enclosed document certifying the balance of foreign currency account).

I hereby take legal responsibility for the accuracy and truthfulness of my declaration.

 

 

[Location]……….,[date]…………..
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 6

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

COMMITMENT OF CREDIT INSTITUTION TO PROVIDE FOREIGN CURRENCIES

At the request of ………..(the investor’s name) specified in the document No. ….dated…….,………….(the name of the permitted credit institution) commits to ................( loan f or sell) ..........an amount of foreign currency of USD (or another foreign currency)……………..(in figures and words) to execute the…………..(project’s name) at……….(country's or territory's name) provided that ..............(investor's name) meets requirements for purchase or loan of foreign currency as prescribed.

 

 

[Location]……….,[date]…………..
Representative of the permitted credit institution
(Signature, seal, full name and position)

 

Form No. 7

TAX AUTHORITY
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness  
---------------

No.

[Location]……,[date]…………..

 

CERTIFICATION

of fulfillment of tax obligation by ……………[company’s or individual’s name]

At the request of ………….[ company’s or individual’s name] specified in the document dated...................;

As stated in the figures of tax obligation of ………[ company’s or individual’s name] monitored by the tax authority;

"............." [tax authority's name] certifies that ..........[company’s or individual’s name] having the TIN of ………….has discharged its/his/her tax liabilities (having no overdue outstanding tax debt) as declaration until………….[date].

[Company’s or individual’s name] may contact the tax authority at the following address……………….for further information.

Phone number:……………………./.

 



Authorized representative of tax authority
(signature and seal)

 

Form No. 8

(Template of Certificate of outward investment registration )

THE MINISTRY OF PLANNING AND INVESTMENT
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness  
----------------

 

CERTIFICATE OF OUTWARD INVESTMENT REGISTRATION

[G-01] Code:………….

First issue on …………..[date]

Application for the …..(ordinal number) adjustment on………[date]

- Pursuant to the Law on Investment No. 67/2014/QH13 dated November 26, 2014;

- Pursuant to the Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment;

- Pursuant to the Decree No. 116/2008/ND-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

- Pursuant to Circular No…../BKHDT-TT dated…………….of the Ministry of Planning and Investment on issuance of forms on outward investment;

- Pursuant to Dispatch No….dated……of the Prime Minister; or Resolution of the National Assembly on approval for investment policies (if any);

- Pursuant to the Certificate of outward investment registration  No…date….issued by the Ministry of Planning and Investment (for adjustment project);

- At the request for issuance of Certificate of outward investment registration  of……….(investor’s name) enclosed with the document submitted on ……..[date] and document on amendments submitted on……..[date] (if any) ,

THE MINISTRY OF PLANNING AND INVESTMENT

Certifies the following contents:

[G-02]

1. Name and details of the first investor;

2. Name and details of the second investor;

3. Name and details of the following investor(s) (if any),

Jointly take an outward investment to execute the project at…………(the name of the host country or territory).

In addition, the project is also engaged in by foreign partner…………. (if any).

Article 1:

[G-03]

Name of the overseas project/business organization (in capital letters):…………..

[G-04]

Trade name (in capital letters, if any): ………………………………………………………

[G-05]

Headquarters address:…………………………………………

[G-06]

Location of investment project execution (other than the headquarters):…………………………………………..

 

Article 2:

[G-07]

Objectives and scale of investment:……..(list the objectives and scale of the investment)

 

Article 3:

[G-08]

- Total investment capital of the outward investment project is USD……………….(in words), equivalent to VND............................(in words), and equivalent to (currency of the host country)........................(in words).

- Outward investment capital of Vietnamese investors is USD………………....(in words), equivalent to (currency of the host country)........................(in words) (if any), equivalent to VND…………………….(in words), in cash …………or in machinery and equipment with the value of……………., being equity or loan, in which:

+ “..............." (investor's name) contributes USD.................(in words), equivalent to VND..............(in words); including USD........ in cash, USD.............in machinery and equipment

+ “..............." (investor's name) contributes USD.................(in words), equivalent to VND..............(in words); including USD........ in cash, USD.............in machinery and equipment

- Capital contribution schedule from the date on which the Certificate of outward investment registration is issued:…….

[G-9]

-  Execution schedule of the project from the date on which the Certificate of outward investment registration is issued:…………..

 

Article 4:

Investment incentives (if any) ………………………………………………

 

Article 5:

The investor(s) must:

- Comply with the Law on Investment No. 67/2014/QH13 dated November 26, 2014 (hereinafter referred to as the Law on Investment), Decree No. 83/2015/ND-CP dated September 25,2 015 of the Government on outward investment, Circular No. ../TT-BKHDT dated …………, 2015 of the Ministry of Planning and Investment on issuance of forms on outward investment and other regulations of Vietnamese law on outward investment and take responsibility for the effects of the outward investment;

- Manage, use and preserve state capital during the outward investment as prescribed (if the investor(s) is/are enterprises funded by state capital)

- Comply with international law and legislation of ……..(the host country or territory) when the investment is made- Transfer profits to Vietnam as prescribed in Article 65 of the Law on Investment and transfer total remaining receipts of liquidation of the outward investment project as prescribed in Article 24 of Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment.

- Send quarterly and annual reports in writing or via the National Information System for Outward Investments as prescribed in Article 72 of the Law on Investment and Article 20 of Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment as follows:

+ Within 60 days from the day on which the project is approved or licensed as prescribed by law of the host country, the investor shall send a written notification of overseas investment enclosed with a copy of the written approval for the project or a document proving the right to make direct investment in the host country to the Ministry of Planning and Investment, the State bank of Vietnam, and a diplomatic mission of Vietnam in the host country;

+ The investor shall submit quarterly and annual reports on the operation of the project to the Ministry of Planning and Investment, the State bank of Vietnam, and a diplomatic mission of Vietnam in the host country;

+ Within 06 months from the day on which the annual tax declaration or an equivalent document is available as prescribed by the host country’s law, the investor shall submit a report on the operation of the project enclosed with the financial statement, annual tax declaration, or an equivalent document prescribed by the host country’s law to the Ministry of Planning and Investment, the State bank of Vietnam, the Ministry of Finance, a diplomatic mission of Vietnam in the host country, and competent authorities prescribed in this Law and relevant laws;

- If the outward investment project is funded by state capital, apart from complying with regulations in Points a, b, and c of Clause 3 of Article 72, the investor shall make reports in accordance with regulations of law on management and investment of state capital in other businesses.

- Comply with procedures for termination of outward investment projects as prescribed in Article 62 of the Law on Investment and Article 25 of Decree No. Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment.

- Register an account on the National Information System for Outward Investments to comply with periodical reporting regulations prescribed in Article 18 of Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment.

Article 6:

This Cetificate of outward investment registration comes into force from the day on which it is signed.

This Certificate shall not certify both the actual execution of the outward investment and the lawfulness of that investment (for project adjustment).

This Cetificate of outward investment registration replaces the Certificate of outward investment registration No….dated….(for project adjustment). This Certificate of outward investment registration  shall be made in…….(in words) of original copies; ……original copies shall be granted to the investor(s), one copy shall be registered at the Ministry of Planning and Investment and other copies shall be sent to the Ministry of Finance, the Ministry of Foreign Affairs, Ministries in charge, the State bank of Vietnam, governing body (if any), the People’s Committee of........(the name of province where the headquarters or residence of the investor is located) and the tax administration agency of the investor.

 

 

MINISTER (or authorized person)
(Signature, full name and seal).

 

Form No. 9

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
----------------

NOTIFICATION OF OVERSEAS INVESTMENT OPERATION

 

To:

- The Ministry of Planning and Investment;
- The State bank of Vietnam;
- …………(name of the Vietnamese diplomatic mission in the host country)

………………(investor’s name) notify an outward investment project as follows: 

- The project is issued the Certificate of outward investment registration  certificate No. ……on.............by the Ministry of Planning and Investment

- The project is issued an approval for investment No……on………….by…………..at the host country.

- The account of outward investment capital No....opened at .........(name of the permitted credit institution in Vietnam).

- The project is executed from………………..[date]

- Execution schedule of the project in comparison with the schedule mentioned in the Certificate of outward investment registration :...........

Enclosed documents:

- A copy of the Certificate of outward investment registration  certificate No. ……on.............;

- A copy of the approval for investment issued by the host country or the document proving the investment and business right at the host country;

- A copy of the approval for opening of account of outward investment capital issued by the credit institution;

- Copies of other relevant documents (if any).

 

 

[Location]……….,[date]…………..
Investor
Signature, full name, position and seal of each investor (if any)

 


Form No. 10

QUARTERLY REPORT (QUARTER…/YEAR…..)
OF OPERATION OF OVERSEAS INVESTMENT PROJECT

To:

- The Department of Foreign investment, the Ministry of Planning and Investment
-............................

 

No.

Investor’s name

Number of Certificate of investment registration

Total investment capital of the overseas investment project

Investment capital of Vietnamese investor

Total capital transferred overseas in the reporting quarter

Expected total capital transferred overseas in the next quarter

Execution schedule of the project in comparison with the schedule mentioned in the Certificate of outward investment registration

On schedule

Behind schedule

Project in trouble [2]

Project in unfeasibility

1

 

 

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1), (2), (3) If the project is behind the schedule, in trouble or unfeasible, the investor shall check the Ö in the equivalent box and provide explanation and proposed measures:…….

.................................................................................................................................................................................................

 

 

 

[Location]……[date]………….
Investor
(Signature, full name, position and seal)

 

Form No. 11

ANNUAL REPORT ………..
OF EXECUTION OF OVERSEAS INVESTMENT PROJECT

No.

Vietnamese investor’s name

Code/Number of Certificate of investment registration

TIN of investor

The account of outward investment capital (number of the account, name of the permitted credit institution)

Investment capital of Vietnamese investor

Execution (USD; labors)

Business plan in the next year (USD)

Execution schedule of the project in comparison with the schedule mentioned in the Certificate of outward investment registration

Total capital transferred overseas in the reporting year

Total accumulated capital transferred overseas until the reporting year

Total Vietnamese guest employees until the reporting year

Total accumulated profit transferred to Vietnam  until the reporting year

Accumulated retaining profit for re-investment until the reporting year

Accumulated financial obligation to the State until the reporting year

Expected total capital transferred overseas in the next year

Expected profit in the next year

Expected financial obligation to the State in the next year

On schedule

Behind schedule [1]

Project in trouble [2]

Project in unfeasibility

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1), (2), (3) If the project is behind the schedule, in trouble or unfeasible, the investor shall check the Ö in the equivalent box and provide explanation and proposed measures:…….

.................................................................................................................................................................................................

.................................................................................................................................................................................................

 

 

 

[Location]……[date]………….
Investor
(Signature, full name, position and seal)

 


Form No. 12

(Applying to extension of transferring profit to Vietnam)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
----------------

To:

- The Ministry of Planning and Investment
- The State bank of Vietnam

………….(investor’s name) has granted the Certificate of outward investment registration  project by the Ministry of Planning and Investment as follows:

Project’s name:…………………..

Name of the overseas business organization:……………

Project’s objectives:…………

The outward investment capital of the investor: USD……………….(or another foreign currency).

Capital transferred overseas: USD………….(or another foreign currency).

Profit earned overseas:

Unit: USD or another foreign currency.

Total post-tax profit

 

Post-tax profits distributed to Vietnamese investors

 

Profit applied for extension

 

The investor applies for extension of transferring profit to Vietnam from the project in…….[year] until………….[date] as prescribed in Article ……..of the Law on Investment. Reasons for extension: ………………………

Upon the expiration of the extension, the investor shall transfer the profit to Vietnam as prescribed in regulations of law in force.

I hereby take legal responsibility for the accuracy and truthfulness of the declaration.

Enclosed documents:

- Annual tax declaration or an equivalent document of the overseas project.

 

 

[Location]……….,[date]…………..
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 13
 (Approval for extension of transferring profit to Vietnam)

THE MINISTRY OF PLANNING AND INVESTMENT
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

No:…./BKHDT-DTNN
Re: extension of the……[ordinal number] of transferring profit to Vietnam

Hanoi,……………….[date]

 

To: (investor’s name)
(address…………………..)

On……..[date], the Ministry of Planning and Investment received the Official Dispatch No…..dated………….of…………(investor's name) on application for extension of transferring profit to Vietnam. The Ministry of Planning and Investment certifies the……..[ordinal number] extension of transferring profit to Vietnam in ……..[year] earned from the project…………..until………….[date].

2. Upon the expiration of the above extension, the investor must transfer the profit to Vietnam as prescribed in Article 65 of the Law on Investment.

 



MINISTER
(or the authorized person)




(Signature and seal)

 

Form No. 14
(Notification of transferring total overseas investment capital to foreign investors sent to the State bank of Vietnam)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness  
----------------

To: The State bank of Vietnam.

………..(investor’s name) is granted a Certificate of outward investment registration  by the Ministry of Planning and Investment as follows:

Project’s name:
Name of the overseas project/business organization:…………..

Project’s objectives:…………

The outward investment capital of the investor: USD……………….(or another foreign currency).

The number of outward investment account…………….opened at the…………[bank’s name]

Capital transferred overseas: USD………….(or another foreign currency).

Execution schedule of project:

Profit earned from the overseas project:

Unit: USD or another foreign currency.

Total profit earned from the overseas project

 

Profit of Vietnamese investor

 

Project transferred to Vietnam 

 

The investor shall transfer total overseas investment capital to foreign investor as specified in the transfer contract or an equivalent document No…..dated……….concluded between the Vietnamese investor and the foreign investor is.............(enclosed copy).

Value of the transferred stake:…………

Pursuant to Clause 7 Article 25 of Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment,......[investor] notifies the transfer to the bank for consideration.

I/We hereby commit to transfer all revenue from the project to Vietnam and follow the procedures for revocation of the Certificate of outward investment registration  as prescribed.

 



[Location]……….,[date]…………..
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 14

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

Request for revocation of Certificate of outward investment registration

To: The Ministry of Planning and Investment

………….(investor’s name) requests revocation of the Certificate of outward investment registration No. ……on.............(the ……[ordinal number] adjustment on…………….) as follows: I. PROJECT INFORMATION:…………………..

Project’s name:…………………..

Location:…………………………………………..

Objectives:

Total outward investment capital:

Quantity of Vietnamese workers:

Foreign investor of the project:

II. OPERATION OF THE PROJECT UP TO NOW:

Accumulated capital invested from the date of project execution up to the date of application for project termination: Purposes of used capital:

Execution schedule of the project in comparison with the schedule mentioned in the Certificate of outward investment registration:

Economic effects of the project (annual revenues, annual profits):

Quantity of workers employed in the usual time and in the time of application for project termination (total workers and total Vietnamese employees):…….

Fulfillment of the financial obligations at the …………….(name of the Vietnamese tax authority); TIN of investor is……………

III. PROJECT TERMINATION

I/We hereby request(s) termination of the project as prescribed in Clause ………Article 62 of the Law on Investment. IV. COMMITMENT

1. Take legal responsibility for the accuracy and truthfulness of the documents’ contents.

2. Strictly comply with Vietnamese law and regulations of the Certificate and law of…………………[the host country or territory].

V. ENCLOSED DOCUMENTS

The documents prescribed in Clause 3 Article 25 of the Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment:

- .....................................................................................................................................

- .....................................................................................................................................

 

 

 

[Location]……….,[date]…………..
Investor
Signature, full name, position and seal of each investor (if any)

 

Form No. 16
(Notification of expiration of Certificate of outward investment registration)

THE MINISTRY OF PLANNING AND INVESTMENT
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

No.   /BKHDT-DTNN

Hanoi,……………….[date]

 

To:
(Address:…………………………………………)

At the request of…………..[investor’s name] as specified in the document No…..dated…….on termination of the outward investment project, the Ministry of Planning and Investment notifies that the Cetificate of outward investment registration  No……….dated……………is annulled from …………….

………… [investor’s name] must:

- Follow the procedures for termination of outward investment project as prescribed in law of the host country and transfer total lawful capital and assets to Vietnam as prescribed in Article 24 of Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment and relevant regulations of law.

- Fulfill financial obligations to the State and discharge all responsibilities to their workers as prescribed in Article 21 and Article 22 of Decree No. 83/2015/ND-CP dated September 25, 2015 of the Government on outward investment dated September 25, 2015 of the Government on outward investment and relevant regulations of law.

 



MINISTER
(or authorized person)




(Signature and seal)

 

APPENDIX ON INSTRUCTIONS FOR COMPLETING FORMS

APPENDIX I

Instruction for completing forms for investors

[01]

Insert "Investor" in case of one investor or insert "Investors" in case of two investors or more.

[02]

Name and details of the investor

- If there are multiple Vietnamese investors, their names and details shall be inserted adequately and separately as follows:

a) The investor being enterprise/organization:

Name of enterprise/organization:.........................(in capital letters)

Number of Certificate of business registration/Certificate of investment/Decision on establishment:……………..Date of issue:…………………….Place of issue:………………………….

Headquarters address:…………………………………………

(specifying house number, street/commune, ward/district, province/city)

Phone number:……………………; Fax:.............................; Email:.............................

Legal representative:

Full name:…………………………..; Date of birth……………………;

Position: ……………………… Nationality:…………………………………………………………………………..

ID card/Passport* No………..date of issue:………………place of issue:……………….

(* or another personal identification document in case of no ID card/passport)

Permanent residence:................

Address:………………….

Phone number:……………………; Fax:.............................; Email:.............................

b) The investor being individual:

Full name:…………………………..; Date of birth……………………;

Nationality:…………………………………………………………………………..

ID card/Passport* No………..date of issue:………………place of issue:……………….

Permanent residence:................

Address:………………….

Phone number:……………………; Fax:.............................; Email:.............................

Notes: If the project is engaged in by both investors in Vietnam and foreign investors, the details of the foreign investors (together with their country) shall be provided below the Vietnamese investors’. For example: In addition, the project is also engaged in by the Company A (Lao People's Democratic Republic).

[03]

Name of the overseas project/business organization: in capital letters.

[04]

Trade name: …………………………………………(if any): in capital letters

[05]

Headquarters address: insert the overseas address, region, and country/territory.

The address is in English.

[06]

Location: only inserted if the address of the plant/manufactory or branch differs from the headquarters address, similar to [05]

The address is in English.

[07]

Objectives: specify production carried out and services provided.

Scale: production capacity, ability to provide services.

[08]

Investment capital:

- Total overseas investment capital: including outward investment capital of investors in Vietnam and capital of foreign investors (if any).

- The outward investment capital of the investors in Vietnam: total outward investment capital of all investors in Vietnam.

[09] Table – Capital contributed by  Vietnamese investor(s)

Method of contribution, capital sources

Vietnamese investor 1 (USD) (1)

Vietnamese investor 2 (USD) (2)

Total (USD) (3) = (1) + (2) + …

Equivalent to (VND) (4) = ~ (3)

1. In cash

- In which loans in Vietnam

 

 

 

 

2. In machinery, equipment

 

 

 

 

3. In other goods or assets

 

 

 

 

Total (1+2+3)

 

 

 

 

 

(Notes: - Vietnamese investor 1 is:…………………- Vietnamese investor 2 is:………………

Add more columns for other investors)

[10]

- Description of sources of outward investment capital:

Regarding project funded by state capital for outward investment: specify the conformity with regulations on management and use of state capital and the investor’s commitment to the lawfulness of the sources of outward investment capital.

Regarding project funded by other capital source: the investor’s commitment to the lawfulness of the sources of outward investment capital.

Expected loan sources: from organization (domestic or foreign organization), value, duration, interest, etc.

Contribution schedule:……………..

- Description of capital demand for the overseas investment project

 

 

Investment capital

USD

(Equivalent) VND

- Fixed capital:

In which:

-

-

+ Construction of factories, warehouses:

-

-

+ Machinery, equipment

-

-

+ Office equipment

-

-

+ Other fixed assets

-

-

- Working capital:

-

-

Total:

-

-

[11]

Execution schedule of project (expected, from the date on which the outward investment certificate is issued):…………..

- Completion of procedures for the outward investment: the…….[ordinal number] month

- Construction commencement: the………[ordinal number] month.

- Installation of equipment and test operation: the ………[ordinal number] month

- Commercial production/business: the ......[ordinal number] month

[12]

Labor: Intended quantity of workers; in which there are................[number] Vietnamese guest employees.

Table – Quantity of workers employed in the project

Target

The first year 200…

The second year 200…

The third year 200…

Total number of workers employed in the project

-

-

-

In which, Vietnamese guest employees include:

 

 

 

- Administrative officers

-

-

-

- Engineers/technical employees

-

-

-

- Workers/employees

-

-

-

[13]

Summary of essential technology process or technology process diagram and plan for procurement of machinery and equipment:…………..

[14]

Assessment of economic effects of the outward investment project:………………………..

Table - Assessment of economic effects and discharge of financial obligations

Target

The first production year 200…

The second production year 200…

The stable production year 200…

- Revenue (1+2+……)

-

-

-

1. From………(operation/product)

-

-

-

2. From………(operation/product)

-

-

-

- Pre-tax profit:

-

-

-

- Post-tax profit:

-

 

-

- Distributed profit to Vietnamese investor(s)

In which:

 

 

 

+ Overseas re-investment

-

-

-

+ Other purposes

-

-

--

+ Fulfillment of obligations to Vietnam

-

-

 

[15]

When a Certificate of investment/Investment license is applied for adjustment, it is required to clarify the adjusted contents in the old certificate or license, new contents, provides explanation and relevant documents (if any).

With respect to adjustment to outward investment capital:

The explanation for adjustment shall be made in 2 separate tables of capital contributed by investor(s) - similar to Section [09], a table containing information about the pre-adjustment project, and the other table containing information about the post-adjustment project which include changed outward investment capital, capital contributed by each investor, method and value of contribution.

Description of the lawfulness of addition capital sources:

- Regarding project funded by state capital for outward investment: specify the conformity with regulations on management and use of state capital and the investor’s commitment to the lawfulness of the sources of outward investment capital.

- Regarding project funded by other capital source: the investor’s commitment to the lawfulness of the sources of outward investment capital.

 

APPENDIX II

Instructions for completing Cetificate of outward investment registration for issuing authority

[G-01]

Code of Certificate of outward investment registration numbered according to the instructions on the National Information System for Outward Investments.

[G-02]

Name and details of the investor

- If there are multiple investors in Vietnam, their names and details shall be inserted adequately and separately as follows:

a) The investor being enterprise/organization:

Name of enterprise/organization:.........................(in capital letters)

Number of Certificate of business registration/Certificate of investment/Decision on establishment:……………..Date of issue:…………………….Place of issue:………………………….

Headquarters address:…………………………………………

(specifying house number, street/commune, ward/district, province/city)

Phone number:……………………; Fax:.............................; Email:.............................

Legal representative: Mr./Mrs.:………………………..;Nationality:……………………..;
Position:………………………..;ID card/Passport* No………..date of issue:………………place of issue:……………….

(* or another personal identification document in case of no ID card/passport)

Permanent residence:................

Address:………………….

Phone number:……………………; Fax:.............................; Email:.............................

b) The investor being individual:

Full name:………………………;Nationality:…………………………; Position:……………………………..

ID card/Passport* No………..date of issue:………………place of issue:……………….

Permanent residence:................

Address:………………….

Phone number:……………………; Fax:.............................; Email:.............................

If the project is also engaged in by other foreign investors, their names shall be also inserted ".............[name](......[country])

Adjustments to the Certificate of outward investment registration

 

Thuộc tính Văn bản pháp luật 09/2015/TT-BKHDT

Loại văn bảnThông tư
Số hiệu09/2015/TT-BKHDT
Cơ quan ban hành
Người ký
Ngày ban hành23/10/2015
Ngày hiệu lực08/12/2015
Ngày công báo...
Số công báo
Lĩnh vựcĐầu tư
Tình trạng hiệu lựcHết hiệu lực 01/12/2018
Cập nhật3 tháng trước
(09/01/2020)
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Lược đồ Circular No. 09/2015/TT-BKHDT promulgating forms on outward investment


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          Circular No. 09/2015/TT-BKHDT promulgating forms on outward investment
          Loại văn bảnThông tư
          Số hiệu09/2015/TT-BKHDT
          Cơ quan ban hànhBộ Kế hoạch và Đầu tư
          Người kýBùi Quang Vinh
          Ngày ban hành23/10/2015
          Ngày hiệu lực08/12/2015
          Ngày công báo...
          Số công báo
          Lĩnh vựcĐầu tư
          Tình trạng hiệu lựcHết hiệu lực 01/12/2018
          Cập nhật3 tháng trước
          (09/01/2020)

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