Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment prescribing the forms of investment formalities and reports on investment activities in Vietnam

CIRCULAR

Prescribing the forms of investment formalities and reports on investment activities in Vietnam[1]

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

Pursuant to the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Law on Investment;

Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, duties, powers and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Foreign Investment Agency;

The Minister of Planning and Investment promulgates the Circular prescribing the forms of investment formalities and reports on investment activities in Vietnam.

Article 1.Scope of regulation

1. This Circular prescribes the forms of investment formalities and the forms of periodic investment reports applicable to investors and economic organizations implementing investment projects in Vietnam and state management agencies of investment.

2. The forms for implementation of investment projects subject for which the investment policy is decided by the National Assembly must comply with separate regulations of the Government.

Article 2.Subjects of application

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

2. Investment registration agencies;

3. Competent state management agencies of investment;

4. Other related persons and organizations.

Article 3.Forms of investment formalities and reports on investment activities

To promulgate together with this Circular the following forms:

a/ The forms of investment formalities applicable to investors and economic organizations implementing investment projects in Vietnam are provided in Appendix I to this Circular;

b/ The forms of investment formalities applicable to competent state management agencies of investment are provided in Appendix II to this Circular;

c/ The forms of periodic investment reports applicable to investors and economic organizations implementing investment projects in Vietnam are provided in Appendix III to this Circular;

d/ The forms of periodic investment reports applicable to state management agencies of investment are provided in Appendix IV to this Circular.

2. When using these forms, agencies, organizations and individuals shall comply with the specifications, contents and forms provided in this Circular.

3. The forms of documents of investment formalities in Vietnam shall be uniformly applied nationwide. The investment registration certificate shall be printed on A4-sized paper, the same of which shall be provided by the Ministry of Planning and Investment and posted on the national foreign investment portal.

4. Signing of documents and forms of investment formalities:

a/ For investment through establishment of economic organizations: Before establishing an economic organization, the investor making capital contribution to establish that organization shall be the undersigned investor and sign documents and forms of formalities for grant of an investment registration certificate. After the economic organization is established, this organization shall be the undersigned investor and sign documents and forms of investment formalities and report on investment activities in Vietnam;

b/ For investment through capital contribution or purchase of shares or capital contributions: Investors and economic organizations contributing capital or purchasing of shares or capital contributions shall sign written requests for capital contribution or purchase of shares or capital contributions;

c/ For investment under BCC contracts: BCC contracting parties shall undersign and sign documents and forms of formalities for grant of an investment registration certificate.

5. A written request for implementation of an investment project shall be initialed in each page and fully signed in the last page by an investor prescribed in Clause 4 of this Article.

6. For projects of domestic investors, information on investment capital shall only be written in Vietnam dong in related forms of documents.

Article 4.Implementation provisions

1. This Circular takes effect 45 days after the date of its signing.

2. This Circular annuls the Minister of Planning and Investment’s Decision No. 1088/2006/QD-BKH of October 19, 2006, promulgating forms of documents of investment formalities in Vietnam.

3. Any problems arising in the course of implementation of this Circular should be reported by related organizations and individuals to the Ministry of Planning and Investment for guidance.-

Minister of Planning and Investment
BUI QUANG VINH

* All appendices to this Circular are not translated.