Circular No. 16/2015/TT-BKHĐT stipulates the forms for implementing investment procedures and reporting investment activities in Vietnam.

CIRCULAR

Regulations on forms for investment procedures and reports on investment activities in Vietnam

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

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   Pursuant to the Government Decree No. 118/2015/NĐ-CP dated November 12, 2015 detailing and guiding the implementation of certain provisions of the Investment Law;

   Pursuant to the Government Decree No. 116/2008/NĐ-CP dated November 14, 2018 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

   Based on the proposal of the Director of the Department of Foreign Investment;

   The Minister of Planning and Investment issues this Circular prescribing

forms for investment procedures and reports on investment activities in Vietnam. Article 1. This Circular prescribes forms for implementing investment procedures and periodic investment reporting applicable to investors and economic organizations conducting investment projects in Vietnam and state management agencies on investment.

Article 1. Scope of Regulation

Article 2. Forms for implementing investment projects under the authority of the National Assembly's decision on investment policy shall be implemented according to separate regulations of the Government.

1. Investors and economic organizations conducting investment activities in Vietnam;

Article 2. Applicability

3. State management agencies on investment with authority;

4. Other organizations and individuals related to investment registration and business registration.

4. Other individuals and organizations related.

Article 3. Forms for implementing investment procedures and reports on investment activities

1. The following forms are issued together with this Circular:

a) Forms for implementing investment procedures applicable to investors and economic organizations conducting investment projects in Vietnam as specified in Appendix I;

b) Forms for implementing investment procedures applicable to state management agencies on investment as specified in Appendix II;

c) Periodic investment reporting forms applicable to investors and economic organizations conducting investment projects in Vietnam as specified in Appendix III;

d) Periodic investment reporting forms applicable to state management agencies on investment as specified in Appendix IV.

2. When using these forms, agencies, organizations, and individuals must ensure compliance with the format, content, and form prescribed in this Circular.

3. Forms for implementing investment procedures in Vietnam shall be uniformly applied throughout the country. Investment registration certificates shall be printed on A4 paper, the model of which is prescribed by the Ministry of Planning and Investment and published on the national portal for foreign investment.

4. Signing of documents and forms for implementing investment procedures:

a) In the case of investment through the establishment of an economic organization: before establishing the economic organization, the investor contributing capital to establish the economic organization shall be the named investor and sign the documents and forms for issuing the investment registration certificate. After establishing the economic organization, the economic organization shall be the named investor and sign the documents and forms for implementing investment procedures and reporting on investment activities in Vietnam;

b) In the case of investment through capital contribution, share purchase, or equity participation: the investor and the economic organization receiving capital contribution, share purchase, or equity participation shall sign the documents requesting capital contribution, share purchase, or equity participation;

c) In the case of investment through a BOT contract: the parties participating in the BOT contract shall be the named parties and sign the documents and forms for issuing the investment registration certificate.

5. Documents requesting implementation of investment projects must be signed by the investors as stipulated in Clause 4 of this Article, with each page initialed and fully signed at the end.

6. For domestic investors' projects, information about investment capital recorded in relevant forms shall only be stated in Vietnamese dong.

Article 2. This Circular abolishes Decision No. 1088/2006/QĐ-BKH dated October 19, 2006 of the Minister of Planning and Investment on the issuance of forms for implementing investment procedures in Vietnam.

Article 4. Implementation provisions

1. This Circular shall take effect 45 days from the date of signature.

Article 3. During the implementation of this Circular, if there are any difficulties, organizations and individuals concerned shall reflect them to the Ministry of Planning and Investment for guidance./.

3. During the implementation of this Circular, if there are any difficulties, organizations and individuals concerned shall reflect them to the Ministry of Planning and Investment for guidance./.