Series Of Vietnam Investment Laws For Foreign Investors

#vietnaminvestmentlaw #no3
Chapter IV of Vietnamese Law on Investment
Investment activities in Vietnam
Section 1. FORMS OF INVESTMENT
 
Article 26. Procedures for making investments by contributing capital, purchasing shares, or purchasing stakes
1. Upon contributing capital, purchasing shares, or purchasing stakes of a business entity, the investor shall satisfy conditions and follow procedures for change of members or shareholders in accordance with regulations of law applicable to each type of business entity.
2. A foreign investor shall follow procedures for registration of capital contribution or purchase of shares or stakes of a business entity before the change of members or shareholders in one of the following cases:
a) The capital contribution or purchase of shares or stakes increases the ownership ratio by foreign investors in a business entity conducting business in the business lines allowed in the market with conditions applied to foreign investors;
b) The capital contribution or purchase of shares or stakes results in a foreign investor or business entity specified in Points a, b, and c Clause 1 Article 23 of this Law holding over 50% of the charter capital of the economic organization in the following cases: The charter capital ownership ratio by the foreign investor is increased from less than or equal to 50% to over 50%; the charter capital ownership by the foreign investor is increased while the such foreign investor is holding over 50% of the charter capital of the business entity.
c) The foreign investor that contributes capital, purchases shares or stakes of a business entity has a certificate of rights to use land on an island or in a border or coastal commune; in a coastal commune; in another area that affects national defense and security.
3. Investors other than those mentioned in Clause 2 of this Article shall follow procedures for changing shareholders/members as prescribed by law when contributing capital, purchasing shares or stakes of business entities. If such investors wish to register their capital contribution or purchase of shares or stakes of business entities, regulations in Clause 2 of this Article shall be complied with.
4. The Government shall provide specific regulations on applications and procedures for capital contribution and purchase of shares and stakes of business entities specified in this Article.
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