Circular No. 09/2015/TT-BKHĐT issues model documents for overseas investment procedures as prescribed in Decree No. 83/2015/NĐ-CP. These documents apply to organizations and individuals involved in overseas investment activities and include 16 detailed model documents.
Scope of application
Organizations and individuals involved in overseas investment activities as stipulated in Article 2 of Decree No. 83/2015/NĐ-CP.
Key points
- Organizations and individuals implementing overseas investment procedures may use the following model documents: Application for Overseas Investment Registration Certificate (Model No. 1), Project Proposal for Overseas Investment (Model No. 2), and other models from Model No. 3 to Model No. 16.
- The model documents are used for specific cases, such as Model No. 5 and Model No. 6 for foreign currency self-arrangement commitments; Model No. 7 for confirmation of tax obligation fulfillment; and Model No. 8 for Overseas Investment Registration Certificate.
- Each model document has a serial number for reference to the Appendix guiding how to fill out.
- This Circular takes effect from December 8, 2015, and revokes Decision No. 1175/2007/QĐ-BKH.
- The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies; Chairpersons of Provincial People's Committees under the Central Government and related agencies, organizations, and individuals are responsible for enforcing this Circular.
🌐 Social impact of this document
- Positive impact: Facilitates organizations and individuals investing abroad in preparing and implementing investment procedures.
- Negative impact: May impose additional time and effort burdens on citizens and businesses when adhering to detailed model documents.
- Organizations and individuals investing abroad will benefit from more specific guidance during the implementation of procedures.
❓ Frequently asked questions
Who are these model documents applicable to?
These model documents apply to organizations and individuals involved in overseas investment activities as stipulated in Article 2 of Decree No. 83/2015/NĐ-CP.
Which model document is used for proposing an overseas investment project?
Model No. 2 is used for proposing an overseas investment project (applicable to projects requiring an investment decision for overseas investment).
When does this Circular take effect?
This Circular takes effect from December 8, 2015.
How many model documents are issued in this Circular?
This Circular issues 16 model documents, from Model No. 1 to Model No. 16.
What specific cases do some of the model documents apply to?
For example, Model No. 5 and Model No. 6 for foreign currency self-arrangement commitments; Model No. 7 for confirmation of tax obligation fulfillment; and Model No. 8 for Overseas Investment Registration Certificate.
Full text
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MINISTRY OF PLANNING AND INVESTMENT |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 09/2015/TT-BKHĐT |
Hanoi, October 23, 2015 |
CIRCULAR
Issuing templates for implementing procedures for foreign investment
Pursuant to the Investment Law number 67/2014/QH13 dated November 26, 2014;
Pursuant to Decree No. 83/2015/NĐ-CP dated September 25, 2015 of the Government on foreign investment;
Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment,
The Minister of Planning and Investment issues templates for implementing procedures for foreign investment,
Article 1. Scope of Regulation and Applicability
1. Scope of regulation: This Circular issues templates for implementing procedures for foreign investment as prescribed in Decree No. 83/2015/NĐ-CP dated September 25, 2015 of the Government on foreign investment.
2. The subjects to which this Circular applies are organizations and individuals related to foreign investment activities as stipulated in Article 2 of Decree No. 83/2015/NĐ-CP dated September 25, 2015 of the Government on foreign investment.
Article 2. Templates for implementing procedures for foreign investment
1. The templates for implementing procedures for foreign investment issued together with this Circular include:
a) Template No. 1: Application for issuance of certificate of foreign investment registration (applicable to all foreign investment projects);
b) Template No. 2: Proposal for foreign investment project (applicable to projects requiring a decision on investment orientation);
c) Template No. 3: Application for amendment of certificate of foreign investment registration (applicable to all foreign investment projects);
d) Template No. 4: Explanation on amendment of certificate of foreign investment registration (applicable to projects requiring a decision on investment orientation);
đ) Template No. 5: Commitment letter for self-arrangement of foreign currency;
e) Template No. 6: Commitment letter for foreign currency arrangement by credit institutions;
f) Template No. 7: Confirmation letter on investor's fulfillment of tax obligations to the State;
g) Template No. 8: Certificate of foreign investment registration;
h) Template No. 9: Notification of foreign investment activities;
i) Template No. 10: Quarterly report on implementation of projects abroad;
j) Template No. 11: Annual report on implementation of projects abroad;
k) Template No. 12: Extension application for repatriation of profits;
l) Template No. 13: Approval letter for extension of repatriation of profits;
m) Template No. 14: Notification from investors to the State Bank of Vietnam applicable in cases where investors transfer their entire foreign investment capital to foreign investors;
n) Template No. 15: Application for termination of effect of certificate of foreign investment registration;
o) Template No. 16: Notification of expiration of effect of certificate of foreign investment registration;
p) Appendix 1: Guidance on filling out the templates for investors;
q) Appendix 2: Guidance on filling out the certificate of foreign investment registration template for issuing authorities.
2. In the above templates, the numbers in the left margin brackets refer to the guidance appendices on filling out the templates.
Article 3. Effectiveness
1. This Circular takes effect from December 8, 2015.
2. Abolish Decision No. 1175/2007/QĐ-BKH dated October 10, 2007 of the Minister of Planning and Investment on issuing templates for implementing procedures for foreign investment.
Article 4: Responsibility for Implementation
1. The Minister, Head of a ministerial-level agency, Head of an agency under the Government; the Chairman of the People's Committee of provinces and centrally governed cities, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.
2. During implementation, if there are difficulties, please send comments to the Ministry of Planning and Investment for timely review and adjustment./.
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THE MINISTER (Signed) Bui Quang Vinh |
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