Vietnam is a developing country with a market rich in potential and value, attracting more and more attention and attracting foreign investors. However, the differences in language, culture, customs, as well as the legal corridor, are a huge barrier that makes foreign investors encounter many difficulties when they want to invest in Vietnam. So about the matter “Foreign investment consulting services in Vietnam” Let’s find out with LSX in the article below.
Legal ground
- Investment Law 2020
What is foreign investment understood?
Foreign direct investment is an important part of the investment capital structure of any country. For Vietnam, economic transformation and integration also need to choose capital sources and investors that greatly affect the sustainable development of the whole world. Therefore, attracting foreign investment into Vietnam is especially important. In fact, investors want to come to Vietnam to invest but are still afraid of Vietnam’s legal system.
Foreign investment means that organizations and individuals of one country bring capital in different forms into another country to conduct business activities for profit. Foreign investment is made in the form of direct investment or indirect investment.
Foreign investment has the effect of expanding economic cooperation with foreign countries, taking advantage of capital, modern technology and advanced economic management experience of foreign countries to effectively exploit and use the resources of foreign countries. country.
What conditions must investors meet to invest in Vietnam?
Before making investment registration in Vietnam, foreign investors need to meet the following conditions as prescribed by law:
* Unlimited charter capital ownership ratio in economic organizations, except for the following cases:
+ The percentage of foreign investors’ ownership in listed companies, public companies, securities trading organizations and securities investment funds in accordance with the law on securities;
+ The percentage of foreign investors’ ownership in state-owned enterprises equitized or converted into other forms shall comply with the law on equitization and transformation of state-owned enterprises;
+ The ownership ratio of foreign investors not specified at Points a and b of this Clause shall comply with other provisions of relevant laws and treaties to which the Socialist Republic of Vietnam is a member.
* Investment form, scope of activities, Vietnamese partners participating in the implementation of investment activities and other conditions under the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory
Procedures for applying for an investment license
Step 1: Consulting and answering your questions about the investment license application procedure such as:
– Form of investment in Vietnam;
– Conditions of business in the industries that you intend to invest;
– Model and organizational structure of the company;
– The level of investment capital…
Step 2: Prepare the profile based on the information and requirements of the establishment of the customer.
Step 3: The customer representative submits the application at the Department of Planning and Investment
Step 4: Representing the customer to resolve file issues with state agencies in the process of document appraisal.
Step 5: Your representative receives the results and hands them over to you.
What are the general conditions for investors to contribute capital to domestic companies?
Firstly, about the subject: The entity that contributes capital to a domestic company is an investor. Clause 13, Article 3 of the Law on Investment 2014 stipulates that investors are organizations and individuals conducting business investment activities, including domestic investors, foreign investors and economic organizations with foreign investment capital.
Second, in principle: Investors contributing capital to domestic companies must satisfy the conditions on investment form, scope of activities, Vietnamese partners participating in investment activities and other conditions according to regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.
Third, in terms of will: Investors contribute capital to domestic companies with a voluntary, free and equal will, without being forced or forced to carry out this business investment activity.
Fourthly, about assets contributed as capital: Assets contributed as capital are, in principle, all types of assets that according to current legal conceptions include: objects, money, valuable papers, and property rights (Article 12). 105 Civil Code 2015). However, the law allows specific regulations on assets contributed as capital for each specific case. According to the provisions of Article 35 of the latest Enterprise Law 2014, the assets contributed as capital can be Vietnam Dong, freely convertible foreign currency, gold, value of land use rights, value of intellectual property rights, public technology, technical know-how, other assets that can be valued in Vietnam Dong; and the intellectual property rights used to contribute capital include copyright, copyright-related rights, industrial property rights, rights to plant varieties and other intellectual property rights as prescribed. of intellectual property law. In particular, only individuals and organizations that are lawful owners of the above-mentioned rights have the right to use such assets to contribute capital.
Foreign investment consulting services in Vietnam
Contents of foreign investment consulting in Vietnam include:
– Legal advice on investment for foreign investors investing in Vietnam;
Consulting on investment registration for foreign investors in Vietnam;
– Consulting and implementing the establishment of foreign-invested enterprises;
-Consulting on capital contribution and share purchase for foreign investors in Vietnam;
-Establishment of branches, representative offices, and business locations of foreign-invested enterprises;
– Consulting and implementing procedures for division, separation, merger and consolidation of enterprises;
-Consulting and implementing the transformation of the type of business operation;
– Consulting and implementing company dissolution: Dissolution conditions, dissolution procedures, asset liquidation procedures, tax finalization upon enterprise dissolution, legal responsibilities upon enterprise dissolution;
– Consulting and implementing the dissolution of branches, representative offices, business locations: conditions for dissolution, procedures for dissolution, procedures for liquidation of assets, fulfillment of tax obligations upon dissolution, legal responsibilities reason for dissolution;
-Consulting and providing services to consolidate legal documents of enterprises (business registration, tax, labor…);
– Consulting enterprises to organize the General Meeting of Shareholders, the Board of Directors of joint-stock companies; meeting of the Members’ Council for a limited liability company;
– Consulting on drafting regulations and regulations on internal management organization and operating relations for enterprises (including charters);
– Consulting service and support for business registration procedures during operation;
-Other business consulting services upon request.
Contents of drafting foreign investment documents in Vietnam
– Advise and assist investors in drafting and preparing necessary documents to apply for the Investment Certificate for the project, issue the Certificate of Business Registration, and seal the legal entity;
Research and review documents provided by customers in Vietnam;
– Amend and supplement inaccurate documents and/or prepare new documents to meet the requirements in terms of time in accordance with current laws in Vietnam;
– Prepare dossiers of application for investment registration and investment incentives in Vietnam;
– Prepare dossiers of application for investment licenses and investment incentives in Vietnam;
– An authorized representative of the investor to carry out investment procedures in Vietnam.
– Research and review documents provided by customers in Vietnam;
The jobs include:
– Representing the investor to carry out the procedures for submitting the application for an investment certificate;
– Apply for approval of investment policy;
– Amending and supplementing investment registration contents upon request;
– Representing investors to carry out procedures for receiving investment registration certificates, business registration certificates, legal entity seals;
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Foreign investment consulting services in Vietnam”
Contact LSX
The above article has provided detailed information related to the issue “Foreign investment consulting services in Vietnam”. LSX Law firm is proud to be a leading legal consulting company, with the mission of bringing lawyers to your fingertips. We will support and answer legal issues for you quickly, efficiently and reliably. If you have any questions about the law, please get in touch with us via hotline: +84846175333 or Email: [email protected]
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Frequently asked questions
A written registration for capital contribution, share purchase or capital contribution, including the following contents: information about the economic organization to which the foreign investor intends to contribute capital, purchase shares or capital contribution; rate of ownership of charter capital of foreign investors after capital contribution, purchase of shares or capital contribution to economic organizations;
– A copy of the identity card, identity card or passport for the investor being an individual; copy of Certificate of Establishment or other equivalent document certifying legal status for investor being an organization.
Foreign investors may contribute capital to Vietnamese companies in the following forms:
– Purchase of shares issued for the first time or additionally issued shares of a joint-stock company through the purchase of shares of a joint-stock company from the company or shareholders;
– Contribute capital to a limited liability company through the purchase of capital contributions from members of a limited liability company to become a member of a limited liability company;
Contributing capital to a partnership through the purchase of capital contributions of a partner in a partnership to become a capital contributing member of the partnership;
Contributing capital to Vietnamese companies in other forms.
– Investors submit dossiers at the Department of Planning and Investment where the economic organization is headquartered
– In case the capital contribution, share purchase or capital contribution of foreign investors meets the conditions, within 15 days from the date of receipt of complete dossiers, the Department of Planning and Investment shall notify in writing the investor. investors carry out procedures for changing shareholders and members in accordance with law.
– In case the conditions are not met, the Department of Planning and Investment shall notify in writing the investor and clearly state the reason.
Investors not falling into the above cases shall carry out procedures for changing shareholders or members in accordance with law when contributing capital, buying shares or contributed capital of economic organizations. If there is a need to register the capital contribution or purchase of shares or contributed capital of an economic organization, the investor shall comply with regulations.
Conclusion: So the above is Foreign investment consulting services in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
