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A certificate of overseas investment registration is an important document that helps investors carry out investment activities legally and effectively. However, to ensure benefits and avoid unnecessary risks, investors need to clearly understand when this certificate will expire. The following article will analyze in detail the cases where this certificate expires and the related handling process according to current legal regulations.
Certificate of overseas investment registration is a mandatory legal document for Vietnamese businesses that want to carry out investment projects abroad. This is the basis for investors to conduct profitable investment activities in the receiving country.
According to the provisions of the Law on Investment 2020, subjects who need to apply for this certificate include:
The issuance of this certificate is to manage investment activities abroad, ensuring compliance with the laws of Vietnam and the investment receiving country. At the same time, the certificate also establishes the rights and obligations of the investor during project implementation.
The certificate of overseas investment registration may expire in many different cases. Understanding these cases helps businesses be proactive in the investment process.
According to the provisions of Clause 1, Article 64 of the Law on Investment 2020, the certificate of offshore investment registration expires in the following cases:
In the above cases, investors need to carry out procedures to terminate the certificate according to regulations. This helps ensure the legality and rights of the business.
When the certificate of overseas investment registration expires, investors need to carry out termination procedures according to regulations. This process helps ensure the legality and rights of the business.
According to Article 87 of Decree 31/2021/ND-CP, procedures for certificate termination include the following steps:
Step 1: Submit application:
Investors need to submit 02 sets of documents to request invalidation of the Certificate of overseas investment registration, including:
Step 2: Check your profile:
Step 3: Review documents:
When the certificate of overseas investment registration expires, businesses can still consider continuing the project in some cases. This process requires re-implementation of legal procedures and a thorough assessment of the project situation. According to the provisions of the Law on Investment 2020 and Decree 31/2021/ND-CP, investors need to take a series of important steps to ensure the legality and effectiveness of the project.
First, the enterprise needs to conduct a comprehensive re-evaluation of the project. This includes analyzing the reasons for the certificate’s expiration, assessing the feasibility of the project under current conditions, and considering economic, political, and legal factors in the host country. This evaluation helps the enterprise have an overview of the project situation and make appropriate decisions.
Next, the investor needs to go through procedures to re-issue the certificate. This process includes preparing documents to request re-issuance, including:
This application will be submitted to the Ministry of Planning and Investment, with a processing time of 15 working days from the date of receipt of complete and valid documents.
In case of necessity, businesses may have to adjust project content. This may include changing investment capital, scale, location or implementation schedule. The adjustment process needs to comply with the provisions of Article 63 of the Law on Investment 2020, ensuring the legality of the changes.
With a team of experienced experts, Long Phan provides in-depth consulting services on the validity of foreign investment registration certificates. Long Phan’s consulting services include:
Using consulting services on the validity of Foreign Investment Registration Certificates at Long Phan brings many practical benefits to investors. From saving time, and ensuring legal compliance, to minimizing risk. If you need detailed advice on this issue, please contact Long Phan via the hotline: 0906735386. A team of experienced legal consultants will support customers in effectively managing overseas investment projects.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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