Dossier for transfer of investment projects to foreigners in Vietnam

by QuynhHuong

During the investment process, the investor has the right to transfer the project to another investor. However, to be able to exercise the right, the investor must ensure the conditions of the law and at the same time complete the necessary dossier. Therefore, in this article, LSX will give you a look at the dossier for transfer of investment projects to foreigners in Vietnam.

  • 2020 Investment Law
  • Decree 31/2021/ND-CP

Conditions for transfer procedure of investment projects to foreigners

Accordingly, an investor has the right to transfer all or part of an investment project to another investor; as long as they surpass the requirements of the law; which are:

  • The investment project or the part of the transferred investment project is not terminated
  • Foreign investors receiving transfer of investment projects, part of investment projects must satisfy the conditions; in accordance with Clause 2, Article 24, 2020 Investment Law
  • Conditions of the law on land in the case of transfer of investment projects associated with the transfer of land use rights and land-attached assets
  • Conditions of law on housing, law on real estate business in case transfer of housing construction investment project, real estate project
  • The conditions specified in the written approval of investment policy, investment registration certificate or other relevant laws (if any)
  • Comply with the law on management and use of state capital invested in production and business at enterprises before making adjustments to investment projects

Dossier for transfer of investment projects to foreigners

Basically, a dossier for transfer procedure of investment projects to foreigners will include the following documents:

  • Request for adjustment of investment project
  • Report on the implementation of the investment project up to the time of transfer of the investment project
  • Contract or contract in principle on the transfer of part or the whole investment project
  • A copy of the document on the legal status of the transferor and transferee investor
  • Copy of Investment Registration Certificate; Decision approving the investment policy; Investor approval decision (in case there is any)
  • Copy of BCC Contract (in case the investment projects is in the form of BCC Contract)

Besides, the investors will need to prepare a copy of one of the following documents:

  • Financial statement of the last 2 years or audit report of investors’ equity, commitment to financial support of parent company
  • Commitment to financial support of the parent company
  • Commitment to financial support of financial institutions
  • Guarantee on the financial capacity of the investor
  • Document explaining the financial capacity of the investor

Above are the information on the dossier for transfer of investment projects to foreigners. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

Who are foreign investors?

Foreign investor means an individual with foreign nationality or an organization established under foreign law that conducts business investment activities in Vietnam.

How many set of dossier the investor must prepare?

Depending on the specific case, the number of dossier may vary from 04 to 08 units.

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