by Apra Law

Offshore investment activities are investors transferring investment capital from Vietnam to foreign countries, using profits earned from this investment capital to carry out investment and business activities abroad. This has been and is a new trend when economic integration expands, not only foreign investors conduct investment activities in Vietnam but also Vietnamese investors want to find opportunities to exploit market development and expansion. The following article Apra Law will help readers have an overview of offshore investment activities.

Types of offshore investment that investors can make include:

Firstly, to establish economic organizations in accordance with the law of the host country;

Second, investment in the form of contracts abroad;

Third, contribute capital, purchase shares, purchase capital contributions of an economic organization abroad to participate in the management of such economic organization;

Fourth, buy and sell securities and other valuable papers or invest through securities investment funds and other intermediary financial institutions in foreign countries;

Fifth, other forms of investment in accordance with the law of the host country.

In recent years, Vietnam’s economy has grown stronger and more solid, which is also one of the reasons that urge domestic investors to expand their business scale, explore and invest. go abroad to find new profit sources, new business environment as well as develop new strategies, approach the world business culture. In order for investors to be allowed to invest abroad, the following conditions must be met:

Firstly, outward investment activities are consistent with the principle that the State encourages outward investment in order to exploit, develop and expand the market; increase the ability to export goods and services and collect foreign currency; access to modern technology, improve governance capacity and supplement resources for socio-economic development of the country. In addition, investors carrying out investment activities abroad must comply with the provisions of the Investment Law, other relevant laws, laws of the host country and territory and relevant international treaties; self-responsibility for the efficiency of overseas investment activities.

Second, outward investment activities are not in the industries and trades banned from overseas investment and satisfy the conditions for outward investment for conditional outward investment sectors and trades.

Lines and trades banned from business investment as prescribed in the Law on Investment and relevant international treaties, industries and trades with technologies and products banned from export according to the provisions of law on foreign management. trade and in accordance with the law of the host country, specifically including: Trading in narcotics; Trading in chemicals and minerals; Trading in specimens of wild plant and animal species extracted from nature in accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of endangered, precious and rare species of forest plants, animals and aquatic animals of Group I, derived from natural exploitation; Prostitution business; Buying and selling human, tissue, corpse, human body parts, human fetus; Business activities related to human cloning; Business firecrackers; Debt collection service business.

Lines of conditional outward investment include: Banking; Insurance; Stock; Press, radio and television; Real estate business. For the banking, insurance, and securities industries, investors must satisfy the conditions prescribed by law in the banking, insurance and securities sectors and be approved by a competent authority. document. For journalism, radio and television industries, investors are organizations that have been licensed to operate press, radio and television in Vietnam and have been approved in writing by the Ministry of Information and Communications. For real estate business lines, investors are enterprises established under the Enterprise Law.

Third, the investor commits to arrange foreign currency by himself or commits to arrange foreign currency to carry out investment activities abroad at the door of an authorized credit institution.

Fourth, the investor must have a decision to invest abroad according to the provisions of Article 59 of the Law on Investment. The decision on outward investment of state enterprises shall comply with the provisions of law on management and use of state capital invested in production and business in enterprises and other relevant laws. mandarin. At the same time, there must be a document from the tax authority certifying the investor’s fulfillment of tax payment obligations. The time of certification by the tax authority is not more than 03 (Three) months from the date of submission of investment project dossiers.

Above is the consulting article on Conditions for implementation of foreign investment activities of Apra Lawfirm. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.


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