Decree No. 135/2015/ND-CP dated December 31, 2015 of the Government on prescribing offshore indirect investment

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ATTRIBUTE

Decree No. 135/2015/ND-CP dated December 31, 2015 of the Government on prescribing offshore indirect investment
Issuing body: GovernmentEffective date:
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Official number:135/2015/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:31/12/2015Effect status:
Known

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Fields:Investment

SUMMARY

Individuals may only make offshore indirect investment in the form of bonus provision of stocks

Under the Decree No. 135/2015/ND-CP dated December 31, 2015 of the Government prescribing offshore indirect investment, individual investors who have the Vietnamese citizenship may only make offshore indirect investment in the form of participating in programs on bonus provision of overseas issued stocks.

Offshore indirect investment activities of economic institutions shall be carried out by the following methods: Offshore indirect investment dealing and offshore indirect investment trust. Accordingly, institutional dealers and trustees may make offshore indirect investment in the following forms: direct purchase and sale of securities and other valuable papers overseas; Investment through overseas purchase and sale of securities investment fund certificates or entrustment to other overseas intermediary financial institutions...

For capital sources for offshore indirect investment, institutional dealers (except commercial banks and general financial companies) may use the core foreign-currency balance of their accounts and foreign-currency amounts purchased from credit institutions or foreign bank branches licensed to provide foreign exchange services in Vietnam within their registered dealing limits certified by the State Bank of Vietnam for offshore indirect investment; Institutional trusters (except commercial banks and general financial companies) may only use the core foreign-currency balance of their accounts for offshore indirect investment in the form of trusting institutional trustees.

Particularly, investors may not use Vietnam-dong loans from credit institutions or foreign bank branches to purchase foreign currencies for offshore indirect investment.

This Decree takes effect on February 15, 2016.
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Effect status: Known

THE GOVERNMENT

 
No. 135/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, December 31, 2015
 
DECREE
Prescribing offshore indirect investment[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the June 16, 2010 Law on the State Bank of Vietnam;
Pursuant to the June 16, 2010 Law on Credit Institutions;
Pursuant to the June 29, 2006 Law on Securities; and the November 24, 2010 Law Amending and Supplementing a Number of Articles of the Law on Securities;
Pursuant to the December 9, 2000 Law on Insurance Business; and the November 24, 2010 Law Amending and Supplementing a Number of Articles of the Law on Insurance Business;
Pursuant to the December 13, 2005 Ordinance on Foreign Exchange; and the March 18, 2013 Law Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange;
At the proposal of the Governor of the State Bank of Vietnam,
The Government promulgates the Decree prescribing offshore indirect investment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes in detail offshore investment in the form of purchase and sale of securities or other valuable papers or via securities investment funds or other intermediary financial institutions abroad (below collectively referred to as offshore indirect investment).
Article 2. Subjects of application 
1. Investors, including:
a/ Economic institutions defined in Clause 16, Article 3 of the Law on Investment;
b/ Individuals having the Vietnamese citizenship and eligible for participating in the program on bonus provision of overseas issued stocks.
2. State management agencies engaged in the management of offshore indirect investment under this Decree.
3. Other institutions and individuals involved in offshore indirect investment activities.
4. Foreign-invested economic institutions (defined in Clause 1, Article 23 of the Law on Investment) that may not conduct offshore indirect investment under this Decree.
Article 3. Interpretation of terms 
1. Offshore indirect investment means offshore investment in the form of purchase and sale of securities or other valuable papers or via securities investment funds or other intermediary financial institutions abroad.
2. Investment instrument means a type of securities or another valuable paper allowed to be invested in abroad under regulations of the State Bank of Vietnam.
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Official Gazette
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