Foreign investors contribute capital to investment consulting companies
Investment activity is the process of using financial resources, labor, raw materials, etc. for production and business purposes in order to obtain products, profits or other economic benefits. The investment process takes place under the influence of many factors affecting the market, socio-economic conditions, laws… Therefore, investors often look to investment consulting service providers. investment to have an overview; consider the possibility of success, anticipate difficulties … before making an investment. Currently, some foreign investors want to invest in this service segment; but they have not yet received information about the investment capital contribution procedure. The following article, LSX Lawfirm will brief outlines the procedures; and conditions for foreign investors contribute capital to investment consulting companies in Vietnam.
Legal grounds
Law on Investment 2014;
Enterprise Law 2014;
International treaties and free trade agreements to which Vietnam is a member
Conditions for foreign investors to contribute capital to a market survey company
Conditions on investment form, scope of activities; Vietnamese partners participating in the implementation of investment activities and other conditions as prescribed in international treaties to which the Socialist Republic of Vietnam is a signatory: + In terms of investment form: capital contribution, purchase of shares or capital contribution of the real estate company;
Regarding capital ownership ratio: Based on Vietnam’s schedule of commitments in the WTO; investment consulting services are in the group of supporting services.
In case a foreign investor contributes capital resulting in a company’s charter capital ownership ratio of over 51%, the investor must carry out capital contribution registration procedures.
Dossier for registration of capital contribution includes
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; a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor being an organization;
In case the foreign investor authorizes another person to perform, a power of attorney or authorization through a service contract is required.
Procedure for registration of capital contribution
Foreign investors prepare all the above documents and submit them at the Business Registration Office of the province/city where the company is located;
Besides, within 15 days from the date of receipt of valid dossiers; The investment registration office will consider and issue an approval notice if the capital contribution of foreign investors is valid. In case the capital contribution is not valid, the Investment Registration Office will issue a document clearly stating the reason.
After receiving approval from the Investment Registration Office, foreign investors can contribute capital to an investment consulting company by setting up an investment account at a Vietnamese commercial bank. For the case that foreign investors wish to establish an investment consulting company instead of contributing capital to a company operating in Vietnam.
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Related questions
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.
This Circular takes effect from September 6, 2019. Accordingly, businesses and investors must complete the requirements of the law within 12 months from September 6, 2019.
All transactions are via wire transfer.
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