Decree No. 83/2015/ND-CP on foreign investment 83/2015/NĐ-CP

✦ Smart summary

Decree No. 83/2015/ND-CP provides detailed regulations on foreign investment, including procedures for issuing certificates of foreign investment registration, state management, and penalty measures for violations. It applies to economic organizations and individuals with capital from Vietnam and was issued by the Government to replace the previous decree.

Scope of application

Investors (economic organizations, cooperatives, credit institutions, business households), state management agencies, and Vietnamese representative offices abroad.

Key points

Investors may transfer funds abroad for investment activities up to a maximum of 5% of total investment capital and not exceeding US$300,000.
Issuing certificates of foreign investment registration for projects decided by the Prime Minister within ten days from the date of receipt of the review report.
Investors must submit periodic reports on the operation status of foreign investment projects.
Violations will be subject to administrative penalties or criminal prosecution, depending on the severity of the violation.
This Decree takes effect from the date of issuance and replaces Decree No. 78/2006/ND-CP.

🌐 Social impact of this document

Facilitate the process of foreign investment through detailed provisions on procedures and documentation.
Balance between creating favorable conditions for businesses and protecting state interests in managing investment capital.
Reduce the legal burden on businesses when implementing foreign investments through specific guidance.
Strengthen supervision and inspection to ensure compliance with legal regulations in foreign investment activities.
Businesses may face difficulties in complying with requirements for documentation and procedures.

❓ Frequently asked questions

What documents are required for investors to obtain a certificate of foreign investment registration?

Investors need to prepare project investment documents, legal status identification materials, location confirmation documents, and tax obligation completion reports.

How long does it take for the Prime Minister to decide on the investment proposal abroad?

The Prime Minister will decide within ten days from the date of receipt of the review report submitted by the Ministry of Planning and Investment.

How much foreign currency can investors transfer abroad?

The limit for transferring foreign currency shall not exceed 5% of the total foreign investment capital and not more than US$300,000.

What penalties will investors face if they violate the regulations?

Investors may be subject to disciplinary action, administrative penalties, or criminal prosecution. Additionally, their foreign investment registration certificates may be revoked.

Which decree does this replace?

Decree No. 83/2015/ND-CP replaces Decree No. 78/2006/ND-CP on direct foreign investment.

Full text

DECREE

Provisions on foreign investment.i

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Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP approved by the Government on December 25, 2001;

On the basis of the Investment Law dated November 26, 2014;

1. Regarding social housing: The People's Committee of Hanoi City shall base on the urban planning, urban development area on both sides of Vo Nguyen Giap Road, urban development plan, and actual needs to allocate social housing projects within the urban development area on both sides of the road, ensuring the prescribed ratio according to the law.policies 2. Regarding sources of funds for land clearance and infrastructure construction:

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government shall issue a Decree to provide for foreign investment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed regulations on foreign investment activities aimed at business purposes; procedures for foreign investment and state management over foreign investment activities conducted in the forms specified in Points a, b, c, and d of Clause 1, Article 52 of the Investment Law.

2. Foreign investment activities in the oil and gas sector and foreign investment activities conducted in the form specified in Point d of Clause 1, Article 52 of the Investment Law shall be implemented pursuant to other Decrees of the Government.

3. In cases where investors propose to conduct foreign investment activities in the form specified in Point d of Clause 1, Article 52 of the Investment Law, and if there are no relevant provisions under Vietnamese law, the Prime Minister shall consider and decide based on the proposal of the Ministry of Planning and Investment.

Article 2. Applicability

1. Investors include:

a) Economic organizations established and operating under the Enterprise Law;

b) Cooperatives and cooperative unions established and operating in accordance with the Law on Cooperatives;

c) Credit institutions established and operating under the Law on Credit Institutions;

d) Individual businesses in accordance with the law, and Vietnamese citizens;

đ) Other organizations conducting business investments in accordance with Vietnamese law.

2. State management agencies and representative offices of Vietnam abroad.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Foreign investment is the act of transferring capital; or paying to purchase part or all of a business establishment; or establishing ownership rights to carry out business investment activities outside the territory of Vietnam; while directly participating in the management of such investment activities.

2. Overseas economic organizations are economic organizations established or registered to operate overseas in accordance with the laws of the receiving country or territory to implement investment activities in that country or territory, wherein Vietnamese investors own part or all of the investment capital.

3. A valid project investment dossier is a dossier containing all required components and quantities, fully declared in accordance with the Investment Law, this Decree, and prescribed models.

4. The national portal for foreign investment is an electronic portal used to process the issuance and adjustment of Investment Registration Certificates and Certificates of Investment Registration for foreign investment; to publish and update legal documents, policies, procedures, and conditions for foreign investors, economic organizations with foreign investment capital operating business activities in Vietnam, and individuals or organizations conducting foreign investment activities. The national portal for foreign investment has the domain name dautunuocngoai.gov.vn or fdi.gov.vn.

5. The national database on foreign investment is a collection of information data on foreign investment projects nationwide stored and managed within the national system of information on foreign investment in Vietnam and Vietnam's foreign investment. Information stored in the national database on foreign investment is original information about foreign investment projects.

6. The national system of information on foreign investment in Vietnam and Vietnam's foreign investment is a specialized business information system on foreign investment and foreign investment conducted by the Ministry of Planning and Investment, in collaboration with relevant agencies, to send, receive, store, display, or perform other operations on data to serve state management of foreign investment.

Article 4. Overseas Investment Capital

Overseas investment capital is manifested in the following forms:

1. Foreign currency in accounts at permitted credit institutions or purchased from permitted credit institutions or foreign exchange from other lawful sources as prescribed by law.

2. Vietnamese dong in accordance with Vietnamese laws on foreign exchange management.

3. Machinery, equipment; materials, raw materials, fuel, finished goods, semi-finished goods.

4. Value of industrial property rights, technical secrets, technological processes, technical services, intellectual property rights, trademarks.

5. Other lawful assets.

Article 5. Languages Used in Overseas Investment Documents

1. Project investment documents, texts, reports submitted to Vietnamese state agencies shall be in Vietnamese.

2. In cases where project investment documents contain materials in a foreign language, the investor shall submit a certified copy of the material in the foreign language along with a Vietnamese translation.

3. Where materials in project investment documents are in both Vietnamese and a foreign language, the Vietnamese version shall be used to carry out administrative procedures related to investment.

Article 6. Project Investment Code for Overseas Investments

1. The project investment code stipulated in Clause 1, Article 60 of the Investment Law consists of a nine-digit number automatically generated by the National Information System on Overseas Investment and recorded on the Certificate of Registration for Overseas Investment. The project investment code is formed according to the principle that the first four digits are taken from the year of issuance of the Certificate of Registration for Overseas Investment, followed by five progressive digits starting from 00001.

2. Each project investment is assigned a unique code which does not change during the project's operation period and is not assigned to another project. The project investment code is deleted when the Certificate of Registration for Overseas Investment ceases to be effective.

3. State management agencies uniformly use the project investment code to manage and exchange information about project investments.

4. For projects implemented under Investment Licenses, Certificates of Overseas Investment or equivalent documents, the project investment code is the number of the Investment License, the number of the Certificate of Overseas Investment or the number of the equivalent document issued to the project investment. If the Investment License, Certificate of Overseas Investment or equivalent document is amended, the project investment will be assigned a new code in accordance with Clause 1 of this Article.

Article 7. Overseas Investment Using State Capital

Conditions for deciding on investment, authority, procedures, and formalities for deciding on investment for overseas investment projects using state capital shall be carried out in accordance with the Law on Management and Use of State Capital for Production and Business Activities in Enterprises and relevant legal provisions.

Article 8. Location of Implementation of Investment Projects

1. The following investment projects must have documents confirming the location of implementation of the investment project:

a) Energy projects;

b) Aquaculture, agriculture, forestry, fishery production, processing projects;

c) Investment projects in the field of surveying, exploration, mining, and mineral processing;

d) Construction investment projects for production bases, processing, manufacturing facilities;

đ) Construction and business real estate, infrastructure investment projects.

2. Documents confirming the location of implementation of the investment project include one of the following types:

a) Investment Permit or equivalent document of the receiving country or territory, including content determining the location and scale of land use;

b) Land allocation decision or land lease decision of competent authorities;

c) Bid-winning contract, subcontracting contract, or land allocation contract, land lease contract; joint venture investment, business contract, clearly defining the location and scale of land use;

d) Principle agreement on land allocation, land lease, business site lease, joint venture investment, business agreement of competent authorities in the receiving country or territory.

Chapter II

PROCEDURES FOR ISSUANCE AND AMENDMENT OF THE CERTIFICATE OF REGISTRATION FOR OVERSEAS INVESTMENT FOR PROJECTS REQUIRING AN INVESTMENT DECISION FOR OVERSEAS INVESTMENT

Article 9. Documents for requesting issuance of Overseas Investment Registration Certificate for projects under the Prime Minister's investment policy decision

1. Projects under the Prime Minister's authority to decide on investment policy abroad as stipulated in Clause 2, Article 54 of the Investment Law shall prepare documents in accordance with Article 55 of the Investment Law.

2. Other equivalent documents confirming the legal status of the investor as prescribed in Point b, Clause 1, Article 55 of the Investment Law include one of the following documents: Investment License; or Investment Registration Certificate; or Investment Registration Certificate for foreign-invested enterprises in Vietnam; or Business Registration Certificate; or establishment decision.

3. Documents determining the location of the investment project as prescribed in Point c, Clause 1, Article 55 of the Investment Law apply to projects specified in Article 8 of this Decree.

4. Tax authority's document confirming the investor's tax obligations up to the time of submitting the investment project application as prescribed in Clause 5, Article 58 of the Investment Law.

5. For overseas investment projects of enterprises wholly owned by the state, the Decision on Overseas Investment as prescribed in Point e, Clause 1, Article 55 of the Investment Law includes the following documents:

a) Approval document from the state-owned enterprise management agency allowing the investor to implement the overseas investment project, including main contents: Investor, objectives, scale, form, location, total investment capital, capital mobilization plan, capital structure, project implementation schedule, investment effectiveness indicators to be achieved;

b) Internal review report on the proposed overseas investment project serving as the basis for the approval by the state-owned enterprise management agency as prescribed in Point a of this clause.

6. The investor is responsible under the law for the accuracy and truthfulness of the documents and investment registration content to carry out the procedures for overseas investment according to the provisions of the Investment Law, this Decree, and the prescribed format.

Article 10. Procedure for the Prime Minister to decide on investment policy abroad

1. The investor submits eight sets of documents (including one original set) for requesting issuance of Overseas Investment Registration Certificate to the Ministry of Planning and Investment; simultaneously registering investment information on the National Information System on Foreign Direct Investment in Vietnam and Vietnam's Investment Abroad as prescribed in Article 18 of this Decree.

2. The Ministry of Planning and Investment receives the documents when they are complete with all required items as prescribed in this Decree and have been registered on the National Information System on Foreign Direct Investment in Vietnam and Vietnam's Investment Abroad.

3. The Ministry of Planning and Investment checks the validity of the documents. In case the documents are invalid or require clarification, the Ministry of Planning and Investment will notify the investor in writing within five working days from the date of receiving the documents to complete the documents.

4. The Ministry of Planning and Investment sends the documents to seek the review opinions of the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, the relevant industry management ministry, the State Bank of Vietnam, and the People's Committee of the province or centrally-administered city where the investor's headquarters is located within the time limit prescribed in Clause 2, Article 55 of the Investment Law.

5. The agencies sought for opinion must provide their written opinions on matters within their administrative management authority assigned, and send them back to the Ministry of Planning and Investment within the time limit prescribed in Clause 3, Article 55 of the Investment Law. If the agency does not provide its written opinion beyond the deadline, it is deemed to have approved the project's documents for the matters within its administrative management authority.

6. The Ministry of Planning and Investment organizes the review and prepares a review report to submit to the Prime Minister for approval according to the content and time limit prescribed in Clause 4, Article 55 of the Investment Law.

7. Within ten days from the date of receiving the review report from the Ministry of Planning and Investment, the Prime Minister decides on the investment policy abroad according to the contents prescribed in Clause 5, Article 55 of the Investment Law.

8. For overseas investment projects of enterprises wholly owned by the state, after the investment policy decision is made, the state-owned enterprise management agency decides on overseas investment according to Article 29 of the Law on Management and Use of State Capital for Production and Business at Enterprises.

9. Within five working days from the date of receiving the decisions prescribed in Clauses 7 and 8 of this Article, the Ministry of Planning and Investment issues the Overseas Investment Registration Certificate to the investor, and simultaneously sends copies to the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, the relevant industry management ministry, the State Bank of Vietnam, and the People's Committee of the province or centrally-administered city where the investor's headquarters is located.

10. In case the Prime Minister does not approve the investment policy abroad, within three working days from the date of receiving the non-approval document, the Ministry of Planning and Investment will issue a notification rejecting the issuance of the Overseas Investment Registration Certificate and clearly stating the reasons to the investor.

Article 11. Documents for requesting adjustment of the Certificate of Investment Abroad for projects under the Prime Minister's approval for investment abroad

1. The documents for requesting adjustment of the Certificate of Registration of Investment Abroad for projects under the Prime Minister's approval for investment abroad shall be implemented in accordance with Clause 2, Article 61 of the Investment Law.

3. The documents specified in Points c, d, đ, g, Clause 1, Article 55 of the Investment Law and Clause 3, Article 9 of this Decree related to the contents of the adjustment.

4. The investor shall bear legal responsibility for the accuracy and truthfulness of the documents and the content of the investment registration to implement the procedures for investment abroad in accordance with the Investment Law, this Decree, and the prescribed forms.

Article 12. Procedure and process for the Prime Minister to decide on the adjustment policy for foreign investment projects

1. The investor submits eight sets of documents for adjusting the Certificate of Registration of Investment Abroad (including one original set) to the Ministry of Planning and Investment; simultaneously, the investor registers investment information on the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad in accordance with Article 18 of this Decree.

3. The Ministry of Planning and Investment checks the validity of the documents. In case the documents are not valid or contain content that needs clarification, the Ministry of Planning and Investment will notify the investor in writing within five working days from the date of receipt of the documents to complete the documents.

5. The agency whose opinion is sought shall provide its opinion in writing on matters within its assigned state management authority in accordance with the time limit stipulated in Clause 3, Article 55 of the Investment Law. If the agency whose opinion is sought does not provide its opinion in writing within the above time limit, it shall be deemed to have approved the project investment adjustment documents for matters within its assigned state management authority.

6. The Ministry of Planning and Investment shall organize the review and prepare a review report on the adjusted contents of the project to submit to the Prime Minister in accordance with the time limit stipulated in Clause 4, Article 55 of the Investment Law.

7. Within ten days from the date of receipt of the review report from the Ministry of Planning and Investment, the Prime Minister decides on the adjustment policy for foreign investment projects.

8. For foreign investment projects of enterprises wholly owned by the State, after receiving the decision to adjust the investment policy abroad, the competent authority representing the owner shall decide on investment in accordance with Article 29 of the Law on Management and Use of State Capital for Production and Business at Enterprises.

9. Within five working days from the date of receipt of the decisions referred to in Clauses 7 and 8 of this Article, the Ministry of Planning and Investment adjusts the Certificate of Registration of Investment Abroad, and simultaneously sends copies to the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, the relevant industry management ministry, the State Bank of Vietnam, and the People's Committee of the province or centrally-administered city where the investor's headquarters is located.

10. In case the Prime Minister does not approve the adjustment policy for foreign investment projects, within three working days from the date of receipt of the disapproval notice, the Ministry of Planning and Investment shall issue a written notification rejecting the adjustment of the Certificate of Registration of Investment Abroad and specify the reasons to send to the investor.

Article 13. Foreign investment projects requiring the National Assembly's approval on investment orientation

The dossier, procedures, and formalities for the National Assembly to decide on the investment orientation for foreign investment projects shall be carried out in accordance with Article 56 of the Investment Law and other Decrees of the Government.

Chapter III

PROCEDURES FOR ISSUING AND AMENDING INVESTMENT REGISTRATION CERTIFICATE

REGISTRATION OF FOREIGN INVESTMENT FOR PROJECTS NOT REQUIRING AN INVESTMENT ORIENTATION DECISION

Article 14. Dossier for requesting issuance of Certificate of Registration for Foreign Investment

1. The dossier for requesting issuance of Certificate of Registration for Foreign Investment shall be implemented in accordance with Clause 2 of Article 59 of the Investment Law.

2. Other equivalent documents confirming the legal status of the investor as stipulated at Point b Clause 2 of Article 59 of the Investment Law include one of the following documents: Investment License; or Investment Certificate; or Investment Registration Certificate for foreign-invested enterprises in Vietnam; or Business Registration Certificate; or Establishment Decision.

3. Documents determining the location of the investment project shall apply to projects specified in Article 8 of this Decree.

4. Tax authority's document confirming the investor's tax obligations up to the time of submitting the investment project application as prescribed in Clause 5, Article 58 of the Investment Law.

5. The investor shall bear legal responsibility for the accuracy and truthfulness of the documents and the content of the investment registration to implement the procedures for foreign investment in accordance with the provisions of the Investment Law, this Decree, and the prescribed forms.

Article 15. Procedures and formalities for issuing Certificate of Registration for Foreign Investment

1. The investor submits three sets of dossiers (one original set) for requesting issuance of Certificate of Registration for Foreign Investment to the Ministry of Planning and Investment; simultaneously, the investor registers investment information on the national information system on foreign investment in Vietnam and Vietnam's investment abroad in accordance with Article 18 of this Decree.

4. In cases where the registered capital transferred abroad is equivalent to 20 billion VND or more in foreign currency, the Ministry of Planning and Investment shall seek the written opinion of the State Bank of Vietnam in accordance with Clause 3 of Article 58 of the Investment Law. Within seven working days from the date of receipt of the Ministry of Planning and Investment's document, the State Bank of Vietnam shall send its written opinion to the Ministry of Planning and Investment. If the Ministry of Planning and Investment does not receive a reply within the above period, it shall be understood that the State Bank of Vietnam has approved the investment project dossier for matters under its assigned administrative management.

5. The Ministry of Planning and Investment shall issue the Certificate of Registration for Foreign Investment within the time limit stipulated in Clause 3 of Article 59 of the Investment Law; concurrently, it shall send copies to the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, the relevant sectoral management ministry, the State Bank of Vietnam, and the People's Committee of the province or centrally-administered city where the investor's headquarters is located.

6. In cases where the dossier does not meet the conditions for issuance of the Certificate of Registration for Foreign Investment, the Ministry of Planning and Investment shall notify the investor in writing of the refusal to issue the Certificate of Registration for Foreign Investment and specify the reasons.

Article 16. Dossier for requesting amendment of Certificate of Registration for Foreign Investment

1. The dossier for requesting amendment of Certificate of Registration for Foreign Investment shall be implemented in accordance with Clause 2 of Article 61 of the Investment Law.

2. Other equivalent documents confirming the legal status of the investor as stipulated at Point b Clause 2 of Article 61 of the Investment Law include one of the following documents: Investment License; or Investment Certificate; or Investment Registration Certificate for foreign-invested enterprises in Vietnam; or Business Registration Certificate; or Establishment Decision.

3. Documents as stipulated at Points d, đ Clause 2 of Article 59 of the Investment Law and Clause 3 of Article 14 of this Decree related to the amended contents.

4. The investor shall bear legal responsibility for the accuracy and truthfulness of the documents and the content of the investment registration to implement the procedures for foreign investment in accordance with the provisions of the Investment Law, this Decree, and the prescribed forms.

Article 17. Procedure and formalities for amending the Certificate of Investment Registrationầ2. Legal status of the investor.

1. The investor submits three sets of application files for amending the Certificate of Investment Registration for foreign investment (including one original set) to the Ministry of Planning and Investment; simultaneously, the investor registers investment information on the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad in accordance with Article 18 of this Decree.

3. The Ministry of Planning and Investment checks the validity of the application file. In case the application file is invalid or contains contents that need clarification, the Ministry of Planning and Investment shall notify the investor in writing within five working days from the date of receipt of the application file to complete it.

4. In cases where the project, after amendment, has registered capital transferred abroad equivalent to VND 20 billion or more, the Ministry of Planning and Investment shall seek the written opinion of the State Bank of Vietnam in accordance with Clause 3, Article 58 of the Investment Law. Within seven working days from the date of receipt of the Ministry of Planning and Investment's document, the State Bank of Vietnam shall provide its written opinion to the Ministry of Planning and Investment. If the Ministry of Planning and Investment does not receive a reply within the above period, it shall be understood that the State Bank of Vietnam has approved the investment project registration file for those contents under its assigned administrative management.

5. The Ministry of Planning and Investment amends the Certificate of Investment Registration for foreign investment in accordance with the time limit stipulated in Clause 3, Article 61 of the Investment Law; at the same time, it sends copies to the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, the relevant industry management ministry, the State Bank of Vietnam, and the People's Committee of the province or centrally-administered city where the investor's headquarters is located.

6. In cases where the application file does not meet the required conditions as prescribed, the Ministry of Planning and Investment shall issue a written notification rejecting the amendment of the Certificate of Investment Registration for foreign investment and clearly state the reasons to be sent to the investor.

Article 18. Issuance and amendment of the Certificate of Investment Registration for foreign investment through the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroadi into Vietnam and Vietnamese Investment Abroad

1. Investors declare online the project investment information on the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad and receive an online application code.

2. Within fifteen days from the date of submitting the online application file in accordance with Clause 1 of this Article, the investor submits the application file for issuance and amendment of the Certificate of Investment Registration for foreign investment to the issuing authority.

3. After receiving the investment project application file, the investment registration agency provides a temporary account for the investor to access and monitor the progress of the issuance and amendment of the Certificate of Investment Registration for foreign investment on the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad.

4. After being issued or amended the Certificate of Investment Registration for foreign investment, the investor is provided with an account to access the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad to implement the periodic reporting system as prescribed.

Chapter IV

IMPLEMENTATION OF THE INVESTMENT PROJECT

Article 19. Transfer of Investment Capital Abroad

1. Investors are permitted to transfer investment capital abroad to carry out investment activities overseas in accordance with Article 64 of the Investment Law.

2. Investors may transfer foreign currency, goods, machinery, and equipment abroad prior to obtaining the Certificate of Registration for Overseas Investment to cover costs related to project formation activities, including:

a) Market research and investment opportunities;

b) On-site surveys;

c) Document studies;

d) Collecting and purchasing materials and information relevant to selecting investment projects;

đ) Summarizing, evaluating, and appraising, including selecting and hiring consultants to evaluate and appraise investment projects;

e) Organizing scientific seminars and conferences;

g) Establishing and operating liaison offices abroad related to project formation activities;

h) Participating in international bidding, placing deposits, providing guarantees, or other financial assurance forms, paying fees and charges as required by the tenderer, receiving country, or territory regarding bidding conditions and project implementation conditions;

i) Participating in mergers and acquisitions, placing deposits, providing guarantees, or other financial assurance forms, paying fees and charges as required by the selling company or according to the laws of the receiving country or territory;

k) Negotiating contracts;

l) Purchasing or leasing assets to support the formation of overseas investment projects.

3. The transfer of foreign currency, goods, machinery, and equipment abroad pursuant to Clause 2 of this Article shall be carried out in accordance with applicable laws on foreign exchange, export, customs, and technology.

4. The limit on transferring foreign currency pursuant to Clause 2 of this Article shall not exceed 5% of the total overseas investment capital and shall not exceed US$300,000, which will be included in the total overseas investment capital.

5. The State Bank of Vietnam shall provide detailed guidance on foreign exchange management for the transfer of foreign currency abroad to implement the activities stipulated in this Article.

6. The transfer of capital in the form of machinery, equipment, and goods abroad and from abroad back to Vietnam to implement overseas investment projects must comply with customs procedures as prescribed by customs laws. The Ministry of Finance shall provide detailed guidance on the transfer of machinery, equipment, and goods abroad to implement certain investment activities before obtaining the Certificate of Registration for Overseas Investment as prescribed in Clause 2 of this Article.

Article 20. Implementation of Reporting System for Overseas Investment

1. After obtaining the Certificate of Registration for Overseas Investment, investors shall be granted access to the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad to implement periodic reporting requirements as prescribed.

2. Investors are responsible for submitting written reports on the operation status of overseas investment projects in accordance with Clause 3 of Article 72 of the Investment Law; simultaneously managing their accounts and updating complete, timely, and accurate information into the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad.

3. In cases where there are discrepancies between information reported in the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad and information in written reports, the information in the written report shall prevail.

Article 21. Financial Obligations

1. The investor shall fully perform all financial obligations arising from the foreign investment project in relation to the State of Vietnam in accordance with the provisions of the tax laws.

2. The exemption of export duties and import duties for capital in the form of goods, machinery, and equipment transferred abroad for the purpose of implementing the investment activities and transferred back to Vietnam shall be carried out in accordance with the provisions of the laws on export duties and import duties.

Article 22. Rights and Obligations of Investors in Cases of Sending Vietnamese Workers to Work at Overseas Investment Projectsi

1. The investor may recruit Vietnamese workers to work for their overseas investment projects in accordance with the labor laws of Vietnam and the receiving country or territory.

2. The investor must fully comply with the procedures prescribed by the laws regarding the sending of Vietnamese workers to work at overseas investment projects; simultaneously ensuring the legitimate rights of Vietnamese workers abroad; being responsible for resolving issues arising from the employment of Vietnamese workers at overseas investment projects and other relevant legal provisions.

Article 23. Reissuing the Certificate of Foreign Investment Registration

1. In case the Certificate of Foreign Investment Registration is lost, burned, torn, deteriorated, or damaged in another manner, the investor shall submit a request for reissuance of the Certificate of Foreign Investment Registration to the issuing authority to obtain a new certificate.

2. The issuing authority shall consider reissuing the Certificate of Foreign Investment Registration within fifteen days from the date of receipt of the investor's request.

Article 24. Liquidation of Foreign Investment Projects

1. Immediately upon completion of the foreign investment project, the investor must liquidate the project in accordance with the laws of the receiving country or territory.

2. Within six months from the date of the final tax settlement report or a document of equivalent legal value according to the laws of the receiving country or territory related to the completion of the project liquidation, the investor must repatriate all remaining proceeds from the project liquidation.

3. In cases where there is a need to extend the time limit stipulated in Clause 2 of this Article, the investor must submit a request and provide reasons in writing to the Ministry of Planning and Investment for consideration and decision at least before the expiration date. The extension can only be granted once and not more than six months. Within fifteen days from the date of receipt of the investor's request, the Ministry of Planning and Investment shall issue a response to the investor regarding the extension of the time limit for repatriating all remaining proceeds from the project liquidation.

4. Within sixty days from the completion of the liquidation of the foreign investment project abroad and the repatriation of all remaining proceeds from the project liquidation (if applicable), the investor shall complete the procedures to terminate the foreign investment project in accordance with Article 25 of this Decree.

Article 25. Termination of Overseas Investment Projects

1. The investor shall carry out procedures to terminate overseas investment projects in cases prescribed in Clause 1, Article 62 of the Investment Law.

2. The expiration of the project's operating period as stipulated in Point b, Clause 1, Article 62 of the Investment Law refers to the situation where the project's operating period according to the laws of the receiving country or territory expires, and the investor does not apply for extension or is not granted extension of the investment operation.

3. The investor shall submit one set of application documents to terminate the validity of the Certificate of Registration for Overseas Investment with the following contents:

a) A request letter to terminate the validity of the Certificate of Registration for Overseas Investment in the format provided by the Ministry of Planning and Investment;

b) The original Certificate of Registration for Overseas Investment;

c) The decision to terminate the overseas investment project within the authority prescribed in Article 57 of the Investment Law (original or certified copy);

d) Documentation proving that the investor has completed the liquidation of the project in accordance with Article 24 of this Decree (certified copy).

5. The Ministry of Planning and Investment shall examine the validity of the submitted documents. In case the documents are invalid or require clarification, the Ministry of Planning and Investment shall notify the investor in writing within five working days from the date of receipt of the documents to complete the documents.

6. Within fifteen days from the date of receipt of valid documents, the Ministry of Planning and Investment shall issue a decision to terminate the validity and recover the Certificate of Registration for Overseas Investment and send it to the investor, simultaneously sending copies to the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, the relevant sector management ministry, the State Bank of Vietnam, and the People's Committee of the province or centrally-administered city where the investor's headquarters is located.

7. For cases of terminating overseas investment projects as prescribed in Point d, Clause 1, Article 62 of the Investment Law, before implementing the termination of the project and transferring all overseas investment capital to foreign investors, the investor must notify the State Bank of Vietnam.

8. For cases of terminating overseas investment projects as prescribed in Points d and e, Clause 1, Article 62 of the Investment Law, if the investor does not request to terminate the validity of the Certificate of Registration for Overseas Investment, the Ministry of Planning and Investment, based on the Investment Law and this Decree, shall decide to terminate the validity of the Certificate of Registration for Overseas Investment and send it to the investor and related state management agencies.

If the investor wishes to continue implementing the overseas investment project, they must follow the procedures for issuing the Certificate of Registration for Overseas Investment as prescribed by the Investment Law and this Decree.

9. For cases of terminating overseas investment projects as prescribed in Point g, Clause 1, Article 62 of the Investment Law, the investor shall liquidate the project and carry out procedures to terminate the validity of the Certificate of Registration for Overseas Investment.

Article 26. Validity of the Certificate of Registration for Overseas Investment in Cases of Fraudulent Documents

1. The Certificate of Registration for Overseas Investment shall have no legal effect in cases where the investor falsifies documents or materials for applying for or adjusting the Certificate of Registration for Overseas Investment.

2. Upon conclusion by the competent authority regarding the falsification of documents or materials for applying for or adjusting the Certificate of Registration for Overseas Investment, the issuing agency shall announce the cancellation of the Certificate of Registration for Overseas Investment in cases of initial issuance or cancel the changes made to the content of the Certificate of Registration for Overseas Investment based on false information and restore the Certificate of Registration for Overseas Investment issued based on the most recent valid documents.

Chapter V

STATE MANAGEMENT OF OVERSEAS INVESTMENTS

Article 27. State Management Responsibilities

1. The Government shall uniformly manage state affairs on foreign investment throughout the country.

2. The Ministry of Planning and Investment shall be responsible before the Government for implementing state management over foreign investment.

3. Ministries, ministerial-level agencies, provincial People's Committees under the central government, and Vietnamese representative offices abroad within their respective duties and authorities shall be responsible for implementing state management over foreign investment in their assigned fields.

Article 28. Responsibilities of the Ministry of Planning and Investment

1. To take the lead and coordinate with ministries, sectors, and localities in formulating directions for foreign investment by periods; to promulgate regulations on foreign investment within its authority or submit to competent authorities for issuance of such regulations.

2. To take the lead in appraising foreign investment projects that require approval of investment policies; to issue, adjust, and revoke Certificates of Foreign Investment Registration.

3. To coordinate with domestic and overseas state agencies to exchange information, support investors within its authority, and resolve difficulties in compliance with laws on foreign investment.

4. To inspect, audit, and supervise the implementation of laws on foreign investment within its authority; to handle complaints, denunciations, commendations, and penalties for violations in foreign investment activities within its authority.

5. To serve as the focal point for state management of foreign investment promotion and implement certain state-led foreign investment promotion programs.

6. To take the lead in organizing, building, guiding, operating, maintaining, and updating the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad.

7. To meet annually with the Ministry of Finance, the State Bank of Vietnam, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Foreign Affairs, sectoral management ministries, and provincial People's Committees to promptly address investor recommendations; to promulgate mechanisms, policies, and solutions within its authority or propose necessary measures to enhance the effectiveness of foreign investment activities.

8. To report on the situation of foreign investment nationwide as prescribed in Clause 2, Article 72 of the Investment Law.

Article 29. Responsibilities of the State Bank of Vietnam

1. To take the lead and coordinate with the Ministry of Planning and Investment and other relevant agencies in formulating and promulgating legal provisions, mechanisms, and policies on credit, foreign exchange management, and anti-money laundering related to foreign investment activities within its authority or submitting them to competent authorities for issuance.

2. To provide opinions on issues related to capital sources and foreign exchange management of foreign investment projects upon request from the Prime Minister or at the proposal of the Ministry of Planning and Investment within fifteen days from receipt of the request for opinion on projects requiring approval of investment policies by the Prime Minister and within seven working days from receipt of the request for opinion on projects requiring registration for foreign investment certificates.

3. To inspect, audit, and supervise foreign currency transfers from Vietnam to abroad and vice versa related to foreign investment projects within its authority.

4. To monitor commercial banks in lending to investors for foreign investment activities according to foreign exchange management laws.

5. To guide and manage the transfer of foreign currency capital abroad to prepare foreign investment projects prior to registering foreign investment according to Clause 5, Article 19 of this Decree.

6. To report on the situation of foreign currency transfers from Vietnam to abroad (before and after obtaining foreign investment registration certificates) and from abroad to Vietnam related to foreign investment projects as prescribed in Clause 2, Article 72 of the Investment Law to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad.

Article 30. Responsibilities of the Ministry of Finance

1. To take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors in formulating and promulgating legal provisions, financial mechanisms, and policies related to foreign investment activities within its authority or submitting them to competent authorities for issuance.

2. To provide opinions on financial, tax, customs, and state-owned capital investment issues related to foreign investment activities upon request from the Prime Minister or at the proposal of the Ministry of Planning and Investment within fifteen days from receipt of the request for opinion on projects requiring approval of investment policies by the Prime Minister.

3. To inspect, audit, and supervise the fulfillment of financial obligations by investors to the Vietnamese state within its authority; to evaluate the effectiveness of state capital usage in foreign-invested enterprises.

4. To monitor, supervise, and consolidate the use of state investment funds for foreign investment according to the law.

5. To report on the fulfillment of financial obligations by investors to the Vietnamese state; to evaluate the effectiveness of state capital usage in foreign-invested enterprises and consolidate the use of state investment funds for foreign investment as prescribed in Clause 2, Article 72 of the Investment Law to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad.

Article 31. Responsibilities of the Ministry of Foreign Affairs

1. To take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors in formulating and promulgating legal provisions, support mechanisms of Vietnamese representative offices abroad, and protection of legitimate rights of Vietnamese investors in receiving countries and territories within its authority or submitting them to competent authorities for issuance.

2. Direct the Vietnamese representative agencies abroad to monitor and support the investment activities of Vietnamese investors in the receiving countries and territories; assist the Ministry of Planning and Investment in verifying information related to the investment activities of Vietnamese investors within their jurisdiction upon request.

3. Implement the reporting system on the support provided by Vietnamese representative agencies abroad for Vietnam's investment activities in receiving countries and territories according to Clause 2, Article 72 of the Investment Law, to be submitted to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnam’s Overseas Investment.

Article 32. Responsibilities of the Ministry of Industry and Trade

1. Take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors in drafting, issuing under their authority, or submitting to competent authorities for issuance legal regulations, mechanisms, and policies on trade, industry, and energy related to overseas investment activities.

2. Inspect, audit, and supervise according to their authority the trade, industrial, and energy activities related to overseas investment activities.

3. Implement the reporting system on the situation of overseas investment in the fields of trade, industry, and energy according to Clause 2, Article 72 of the Investment Law, to be submitted to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnam’s Overseas Investment.

Article 33. Responsibilities of the Ministry of Agriculture and Rural Development

1. Take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors in drafting, issuing under their authority, or submitting to competent authorities for issuance legal regulations, mechanisms, and policies on agriculture, forestry, fishing, aquaculture, and seafood processing related to overseas investment activities.

2. Inspect, audit, and supervise according to their authority the agricultural, forestry, fishing, aquaculture, and seafood processing activities related to overseas investment activities.

3. Implement the reporting system on the situation of overseas investment activities in the fields of agriculture, forestry, and fisheries according to Clause 2, Article 72 of the Investment Law, to be submitted to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnam’s Overseas Investment.

Article 34. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors in drafting, issuing under their authority, or submitting to competent authorities for issuance legal regulations, mechanisms, and policies on the management and utilization of Vietnamese labor related to overseas investment activities.

2. Inspect, audit, and supervise according to their authority the dispatch of Vietnamese workers to work at foreign investment projects.

3. Implement the reporting system on the situation of dispatching Vietnamese workers to work at foreign investment projects according to Clause 2, Article 72 of the Investment Law, to be submitted to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnam’s Overseas Investment.

Article 35. Responsibilities of Ministries, ministerial-level agencies, and government agencies

1. Coordinate with the Ministry of Planning and Investment in drafting legal regulations, policies, and plans related to foreign investment activities.

2. Provide opinions on issues within their assigned state management areas related to foreign investment activities when requested by the Prime Minister or proposed by the Ministry of Planning and Investment within fifteen days from the date of receipt of the request for opinion on investment projects requiring a decision on investment orientation from the Prime Minister.

3. Inspect, audit, and supervise according to their authority issues within their assigned state management areas related to foreign investment activities.

4. Manage and oversee the use of state capital for foreign investments for state-owned enterprises and the state's share capital invested in enterprises under their management or for which they act as the representative owner.

5. Implement reporting systems related to foreign investments within their jurisdiction as stipulated in Clause 2, Article 72 of the Investment Law, submitting reports to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnam’s Foreign Investment.

Article 36. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Monitor and manage investors establishing headquarters or residing in their administrative areas engaged in foreign investment activities in accordance with business laws and relevant laws.

2. Provide opinions on contents within their management authority related to investment projects of investors with headquarters located in their administrative areas when requested by the Prime Minister or proposed by the Ministry of Planning and Investment within fifteen days from the date of receipt of the request for opinion on investment projects requiring a decision on investment orientation from the Prime Minister.

3. Coordinate with ministries and sectors to guide legal regulations on foreign investment; inspect and supervise foreign investment activities; resolve difficulties in implementing legal regulations on foreign investment.

Article 37. Responsibilities of Vietnamese Representative Offices Abroad

1. Vietnamese representative offices abroad are responsible for coordinating with Vietnamese agencies abroad to monitor and support investors in complying with the host country's legal regulations; protect the legitimate rights and interests of overseas investors; through diplomatic channels, propose and recommend the local authorities to support, create favorable conditions, and resolve difficulties for investors during the implementation of investment projects abroad in accordance with the provisions of the Law on Vietnamese Representative Offices Abroad; assist the Ministry of Planning and Investment in verifying information related to the activities of Vietnamese investors in their managed areas upon request.

2. Implement reporting systems on the support provided by Vietnamese representative offices abroad for Vietnamese investments in their managed areas as stipulated in Clause 2, Article 72 of the Investment Law, submitting reports to the Ministry of Planning and Investment in writing and through the National Information System on Foreign Investment in Vietnam and Vietnam’s Foreign Investment.

Article 38. Inspection, examination, supervision, and evaluation

1. The inspection, examination, supervision, and evaluation of foreign investment projects shall be carried out in accordance with the provisions of laws on inspection, examination, supervision, and evaluation of investment.

2. Investors shall be responsible for providing documents, materials, and information related to the content of the examination, inspection, and supervision of foreign investment activities to competent state agencies in accordance with the law.

Article 39. Handling of violations and resolution of disputes

1. Organizations and individuals violating the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal responsibility depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of the law.

2. If investors fail to comply with the reporting system as prescribed, they may be subject to administrative penalties based on the level of violation as follows:

a) The agency issuing the Certificate of Registration for Foreign Investment shall issue a reminder letter if it is the first offense.

b) Administrative penalties shall be imposed in accordance with the law on administrative penalties in the field of planning and investment.

c) Terminate the validity of the Certificate of Registration for Foreign Investment, Investment License, or Certificate of Foreign Investment, or other permission documents for foreign investment in accordance with Point g Clause 1 Article 62 of the Investment Law.

d) Publicize the violations on the National Information System on Foreign Investment in Vietnam and Vietnamese Investment Abroad; the Ministry of Planning and Investment's online portal, and other mass media.

3. The agency issuing the Certificate of Registration for Foreign Investment shall not resolve disputes arising between investors and between investors and relevant organizations and individuals during the registration process for foreign investment and business operations abroad.

Chapter VI

IMPLEMENTING PROVISIONS

Article 40. Effective Date

1. This Decree takes effect from the date of signature and replaces Government Decree No. 78/2006/NĐ-CP dated August 9, 2006, on direct foreign investment.

2. Investment activities that have been granted Investment Licenses, Certificates of Foreign Investment, or permission documents for foreign investment before the effective date of this Decree shall continue to operate and be implemented in accordance with this Decree.

3. For ongoing investment projects operating under Investment Licenses or Certificates of Foreign Investment, which include project operation periods, when the project period expires, if continuing to invest abroad, the investor shall register for issuance of the Certificate of Registration for Foreign Investment in accordance with the Investment Law and this Decree.

4. Investment files submitted before July 1, 2015, and prior to the effective date of this Decree shall proceed with investment procedures as follows:

a) For project files received and according to the Investment Law 2005 must be resolved before July 1, 2015, the Ministry of Planning and Investment shall issue the Certificate of Registration for Foreign Investment in accordance with the Investment Law. During the process of issuing the Certificate of Registration for Foreign Investment, the issuing agency shall not require investors to supplement documents and papers as stipulated by the Investment Law.

b) For project files received and according to the Investment Law 2005, before July 1, 2015, have not yet reached the deadline for resolution, the issuing agency shall guide investors to adjust the files and proceed with the issuance of the Certificate of Registration for Foreign Investment in accordance with the Investment Law.

Article 41. Implementation Provisions

1. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and the State Bank of Vietnam shall be responsible for guiding the implementation of this Decree with respect to the contents within their respective functions and assigned management tasks.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.