Other legal issues relating to outward investment procedures

In addition to the initial procedures for implementing outward investment activities, the Investor should take note of certain legal obligations arising during the implementation of the project, particularly periodic reporting obligations and the obligation to remit profits back to Vietnam. These are important legal matters to ensure that outward investment activities are carried out in compliance with the applicable regulations and to avoid the risk of administrative penalties. 

1. Periodic reporting procedures: 

Pursuant to Articles 48.3(b), 48.3(c), and 48.4 of the Law on Investment 2025, Article 35.2 of Decree No. 103/2026/ND-CP, and Article 25 of Circular No. 12/2016/TT-NHNN, during the implementation of an outward investment project, the Investor must comply with the following periodic reporting regime: 

No.  Report  Reporting method  Receiving authorities  Form  Deadline 
1.  Semi-annual and annual periodic report on the operation status of the investment project  In writing and through the National Investment Information System 

 
  • Ministry of Finance;  
  • State Bank of Vietnam;  
  • Vietnamese representative mission in the host country. 
 Form I.15 under Circular No. 38/2026/TT-BTC  The semi-annual report must be submitted before the 20th day of the month following the reporting period 
Form I.16 under Circular No. 38/2026/TT-BTC  The annual report must be submitted before 15 February of the year following the reporting year 
2.  Report on the operation status of the investment project for the financial year, enclosed with the financial statements, tax finalization report, or an equivalent legally valid document in the host country  In writing and through the National Investment Information System 
  • Ministry of Finance;  
  • Supervising tax authority; 
  • State Bank of Vietnam;  
  • Vietnamese representative mission in the host country. 
 Form I.17 under Circular No. 38/2026/TT-BTC  Within 06 months from the date on which the tax finalization report or an equivalent legally valid document is available under the laws of the host country 
3.  Quarterly report on the remittance of outward investment capital  In writing  Competent branch of the State Bank of Vietnam  Appendix No. 05 under Circular No. 12/2016/TT-NHNN  No later than the 5th day of the first month of the quarter immediately following the reporting quarter 

2. Remittance of profits back to Vietnam: 

  1. Pursuant to Articles 34.1, 34.3, and 34.4 of Decree No. 103/2026/ND-CP, except where profits are retained overseas for reinvestment in accordance with Article 33 of Decree No. 103/2026/ND-CP, within 12 months from the date on which profits are distributed, the Investor must remit all profits and other income back to Vietnam..  
  2. If the above deadline is exceeded, the Investor must provide prior written notice to the Ministry of Finance and the State Bank of Vietnam. The period for remitting profits back to Vietnam may be extended for a maximum of 12 months from the expiry date of the original deadline.  
  3. If, after the 12-month period, the Investor has not remitted the profits back to Vietnam and has not provided notice, or if the extended deadline has expired and the Investor still has not remitted the profits back to Vietnam, the Investor may be subject to an administrative penalty ranging from VND 100,000,000 to VND 200,000,000 for failing to comply with the regulations on remitting profits and other income from outward investment activities back to Vietnam, pursuant to Article 22.2(a) of Decree No. 122/2021/ND-CP. 
  4. In addition, pursuant to Article 34.2 of Decree No. 103/2026/ND-CP, the Investor may use distributed profits to offset obligations arising overseas with a partner that has business activities in Vietnam, provided that: 
  1. The Investor has reported to the State Bank of Vietnam and the Ministry of Finance in accordance with the regulations;  
  2. The Investor complies with the laws on foreign exchange management, investment, and other relevant laws;  
  3. The Investor fully performs the tax obligations arising in Vietnam from the offsetting transaction, including the tax obligations of the Investor and the foreign partner, if any; and  
  4. The offsetting transaction is not used for tax evasion, tax avoidance, or any violation of the laws on tax, foreign exchange, or other relevant laws. 

The Investor should monitor and fully comply with the legal obligations arising after implementing the outward investment project, including reporting obligations, capital remittance, remittance of profits back to Vietnam, and other relevant obligations. Proper compliance with these requirements will help the Investor ensure the legality, transparency, and stability of the outward investment project throughout its implementation. 

Submission date: Jun 20 2026

Related posts

  1. Outward investment for establishing an economic organization in cases where an outward investment registration certificate is not required
  2. Initial Foreign Exchange Transaction Registration for Outbound Investment Activities Not Subject to Outbound Investment Registration Certificate
  3. Outward investment with capital under 7 billion VND to establish a company operating in non-conditional business lines

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.



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