Offshore Investment by Foreign-Invested Economic Organizations and State Enterprises: Rules

An economic organization with foreign investment capital in Vietnam may invest abroad when it meets the conditions under the Law on Investment No. 143/2025/QH15 (effective from 01/03/2026, replacing the Law on Investment 2020).

1. Current legal framework on offshore investment

Investment activities from Vietnam abroad are governed by the Law on Investment 2025. From 01/03/2026, the provisions on offshore investment under the Law on Investment 2020 and Decree 31/2021/ND-CP are no longer the directly applicable basis; investors should cross-check against the Law on Investment 2025 and its implementing documents.

2. Conditions for offshore investment

Under the Law on Investment 2025, an investor conducting offshore investment activities must meet the following basic conditions:

• The offshore investment activity does not fall into prohibited business lines;
• The investor commits to self-arranging foreign currency or is committed by a credit institution to arrange foreign currency for the investment activity;
• There is an offshore investment decision of the competent authority as prescribed;
• The procedures for issuance of the offshore investment registration certificate are completed as prescribed.

3. Procedures for issuance of the offshore investment registration certificate

The investor submits the dossier applying for the offshore investment registration certificate to the Ministry of Finance in accordance with the Law on Investment 2025. The dossier includes the offshore investment decision, the foreign currency arrangement commitment document, and other documents as detailed in the guiding decree.

Notes on application

When investing abroad, an economic organization with foreign investment capital must also comply with the foreign exchange management regulations of the State Bank and the obligation to report on offshore investment activities. Detailed regulations are being guided by the decree implementing the Law on Investment 2025.

Common risks to note

• Applying the procedures of Decree 31/2021/ND-CP which are no longer appropriate;
• Transferring foreign currency abroad before being granted the offshore investment registration certificate;
• Failing to submit periodic reports on offshore investment activities.

How can ANT Legal help?

ANT Legal assists in reviewing conditions, preparing offshore investment dossiers and advising on foreign exchange compliance. For advice, please contact an ANT Legal lawyer.

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