Want to be in the loop?
subscribe to
our notification
Business News
DN LEGAL: GOVERNMENT ISSUED A DECREE GUIDING INVESTMENT OFFSHORE BY COMPANIES ESTABLISHED IN VIETNAM
The above definition is unclear as to: (i) whether the purchase of shares in a company offshore constitutes an offshore investment or not and if so to what extent; and (ii) whether a specific project has to be identified or not (in the case of share purchase). It is also unclear what constitutes "direct participation in the management" of the project.
Basically, investment offshore will require approval via this issuance of an Investment Certificate (IC). The licence issuing body is not the local Department of Planning & Investment as is the case in respect of investment in Vietnam. Rather, licensing is centralised and the Ministry of Planning & Investment will issue the IC in respect of investment outside Vietnam.
There are different procedures for obtaining the IC and it depends on whether or not the proposed investment activity to be conducted offshore will require the Government or the National Assembly to decide on the investment policy or conditions before an IC may be issued.
The decree also requires the investor to provide evidence of where the project is located in respect of certain types of investment (energy, mining, real estate, for example).
There are also provisions on how remittance of capital can be made offshore and the State Bank of Vietnam has been instructed to provide further detailed guidance. In terms of pre-licensing costs, the decree caps maximum remittance offshore at US$ 300,000.
Decree 83/2015/ND-CP dated 25 September 2015 and valid as of the same date.
-------------------
DN LEGAL
President Place, Level 3
93 Nguyen Du Street, District 1, HCMC
T: +848 - 3827 2418
F: +848 - 3827 2419
www.daonguyenlegal.com
Related News
VIETNAM REVS UP FOR GREATLY IMPROVED AUTO INDUSTRY
Under a draft strategy for the development of the automobile industry through to 2030 sent to the government late last month, the market in Vietnam will grow by 14-16 per cent annually by the end of the decade, with total consumption of over one million units. Of these, electric and hybrid vehicles are expected to account for 350,000 units.
FOREIGN EXCHANGE RATE INCREASES AGAIN IN OCTOBER
According to experts, the exchange rate has increased again due to a recovery of the US dollar price in the international market and a slowdown in Việt Nam’s trade surplus. After cooling down in August 2024 and bottoming out at the end of September, the USD/VNĐ exchange rate has shown signs of increasing again since the beginning of October.
BOOSTING SEMICONDUCTOR INVESTMENT
According to the Provincial Planning for 2021-2030, with a vision to 2050, recently approved by the Prime Minister, Vinh Phuc province will prioritize industrial development, particularly in semiconductor projects, attracting significant investment from major semiconductor corporations.
VIETNAM'S 2024 GDP GROWTH FORECAST RAISED TO 7 PER CENT
There have been concerns that the impact of Typhoon Yagi, the strongest storm Vietnam faced in 70 years, would weigh on growth. The northern provinces were hit particularly hard in early September, with damages estimated at over $3 billion.
GET READY TO SOAR WITH FLY FIESTA 2024!
Bringing you breathtaking views at captivating prices from USD 205* all-in
VIETNAM'S GDP CLIMBS TO 7.4 PER CENT IN THIRD QUARTER
According to the General Statistics Office (GSO), this was lower than the GDP growth rate posted in Q3/2022 (13.67 per cent), but higher than Q3/2021 (-6.17 per cent). The economy grew 6.8 per cent in the first nine months of 2024.