Transferring investment capital abroad to implement registered projects expands business investment conditions for capital from Vietnam. Investors need to clearly know the conditions, forms and procedures for transferring capital to ensure a smooth investment process. The following article by Long Phan will provide detailed information about important aspects of transferring investment capital abroad according to current regulations.

Conditions for transferring investment capital abroad to implement registered projects

Transferring investment capital abroad is an important step in the process of implementing a registered project. According to the provisions of Article 66 of the Law on Investment 2020, investors need to meet the following conditions:

• Have an Outward Investment Registration Certificate, except for cases where investors are allowed to transfer foreign currency or goods, machinery, and equipment abroad to serve survey, research, and market exploration activities. Carry out other investment preparation activities according to Government regulations.
• The project has been approved or licensed by the competent authority of the receiving country. In case the host country does not require investment approval or licensing, the investor must have documents proving the right to invest in that country.
• Have a foreign direct investment capital account opened at a licensed credit institution in Vietnam.

Compliance with these conditions helps ensure the legality and effectiveness of overseas investment activities. Investors need to prepare carefully to fully meet the requirements before transferring capital.

How to transfer investment capital abroad to implement registered projects

The process of transferring investment capital abroad can be carried out through many different forms, consistent with the characteristics of the project and legal regulations. Here are the main ways:

• Transfer foreign currency through overseas direct investment capital accounts at licensed credit institutions.
• Transfer Vietnamese Dong abroad to convert into foreign currency, in accordance with regulations on foreign exchange management.
• Sending machinery, equipment, supplies, raw materials and goods abroad.
• Transfer the value of industrial property rights, technical know-how, technological processes, technical services, intellectual property rights, and trademarks.
• Other legal forms of asset transfer according to the laws of Vietnam and the investment receiving country.

Choosing the appropriate form of capital transfer will help optimize resources and ensure compliance with the legal regulations of both countries. Investors need to consider carefully to choose the most effective method for their project.

Procedures for transferring investment capital abroad to implement registered projects

Prepare documents

To carry out procedures for transferring investment capital abroad, investors need to prepare a complete and accurate set of documents.

Project profile subject to foreign investment policy:

For projects subject to foreign investment policies, documents include:

• Document requesting approval of investment policy
• Copy of investor’s legal documents
• Decide to invest abroad according to the provisions of law
• Document on investment project implementation policy
• Documents proving the investor’s financial capacity
• Written commitment to self-balance foreign currency sources

These documents need to be prepared fully and accurately to avoid delays in the approval process. Investors should pay attention to ensuring the legality of each type of document as required by the competent authority.

The project profile is not subject to the policy of investing abroad

For projects not subject to foreign investment policies, documents include:

• Document requesting approval of investment policy
• Copy of investor’s legal documents
• Decide to invest abroad according to the provisions of law
• Documents proving satisfaction of investment conditions applicable to foreign investors (if any)

Investors need to ensure the completeness and accuracy of the dossier for a smooth approval process. Careful preparation of documents will help shorten procedure time and increase the likelihood of investment approval.

Reference content in Article 75, Clause 1, Article 78 of Decree 31/2021/ND-CP.

Implementation process

Project implementation process under the policy of investing abroad

For projects subject to foreign investment policy, the process to be followed includes the following main steps:

• Step 1: Submit application for capital account registration and capital transfer plan at the State Bank branch in the province or city where the investor’s headquarters is located.
• Step 2: Appraisal of documents The competent authority conducts appraisal of documents within the prescribed time limit. This process can take from 30 to 45 working days, depending on the size and nature of the project.
• Step 3: Approve the investment policy After the dossier is appraised and meets the requirements, the competent authority will issue a decision approving the investment policy.
• Step 4: Issuance of Outward Investment Registration Certificate The investor carries out procedures for issuance of the Outward Investment Registration Certificate at the investment registration agency within 05 working days from the date of receipt. enough valid documents.

Based on: Clause 2, Article 76 of Decree 31/2021/ND-CP.

The project implementation process is not subject to the policy of investing abroad

For projects that are not subject to foreign investment policies, the implementation process is simpler:

• Step 1: Submit application for capital account registration and capital transfer plan at the State Bank branch in the province or city where the investor’s headquarters is located.
• Step 2: Review the dossier The investment registration agency reviews the validity and completeness of the dossier within 05 working days from the date of receiving the dossier.
• Step 3: Issue the Certificate of Outward Investment Registration If the application meets the requirements, the investment registration agency will issue the Certificate of Outward Investment Registration within 15 days from the date of receipt. valid profile.

During the implementation process, investors should pay attention to complying with regulations on deadlines and requests for additional documents (if any) from competent authorities. Mastering the process and preparing carefully will help shorten processing time and increase the likelihood of investment approval.

Based on: Clause 2, Article 78 of Decree 31/2021/ND-CP

Consulting services and support for transferring investment capital abroad to implement projects registered in Long Phan

Transferring investment capital abroad is the process of optimizing investors’ capital resources to meet investment purposes. With many years of experience in the field of investment consulting, Long Phan provides comprehensive support services for the process of transferring investment capital abroad. Our services include:

• Consulting on conditions, forms and capital transfer procedures suitable for each specific project.
• Support in preparing application documents to transfer investment capital abroad.
• Representing investors in the process of working with authorities.
• Consulting on legal issues related to overseas investment.
• Support in resolving problems that arise during project implementation.

With a team of experienced experts, Long Phan is committed to providing optimal solutions, helping investors successfully implement overseas investment projects. We are always ready to support customers throughout the process from planning to project implementation. Long Phan is ready to support customers in every step of the process of transferring investment capital abroad. Please contact us immediately via Hotline: 0906735386 for detailed advice and timely support.