THE MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.05/2001/TT-BKH
Hanoi, August 30, 2001
 
CIRCULAR
GUIDING THE INVESTMENT ACTIVITIES ABROAD BY VIETNAMESE ENTERPRISES
Pursuant to Decree No. 22/1999/ND-CP of April 14, 1999 of the Government guiding the investment activities abroad of Vietnamese enterprises;
Pursuant to Decree No. 75/CP of November 01, 1995 of the Government on functions, tasks and powers of the Ministry of Planning and Investment;
The Ministry of Planning and Investment issues Circular guiding the implementation of investment activities abroad as follows:
Article 1. Subjects and scope of application
1. Vietnamese enterprises invest abroad, which are subject to the adjustment of this Circular shall include:
a) Enterprises established under the Law on State-owned Enterprises;
b) Cooperatives established under the Law on Cooperatives;
c) Enterprises established under the Law on Enterprises;
(hereinafter referred to as Vietnamese enterprises)
2. This Circular is applied only to Vietnamese enterprises invest abroad in the mode of transfer of the capital or other allowed assets abroad to invest directly as stipulated in Decree No. 22/1999/ND-CP of April 14, 1999 of the Government.
3. This Circular shall not apply to the following circumstances:
a) Investment abroad of enterprises with foreign investment capital established under the Law on Foreign Investment in Vietnam;
b) Investment abroad of Vietnamese enterprises in the mode of credit loans, share buying, international tenders or in financial, banking or insurance.
Article 2. Granting licenses for investment abroad
1. Vietnamese enterprises shall be allowed to invest abroad after getting the licenses for investment abroad granted by the Ministry of Planning and Investment.
2. The consideration for granting licenses for investment abroad shall comply with the provisions stipulated at Article 6 of Decree No. 22/1999/ND-CP of April 14, 1999 of the Government on the basis of being suitable with the socio-economic request in each period and is implemented according to the following two steps:
a) Registration for being granted investment license;
b) To examine and approving the granting of investment license.