Conditions and implementation procedures of the economic organizations of foreign investment
Economic organizations must meet the conditions and the implementation of investment procedures as prescribed for foreign investors to invest in establishing economic organizations; investments, purchase of shares, the capital contribution of economic organizations
BCC investment in one of the following cases Perform investment activities of economic entities with foreign investment
Provisions of Article 23 of the Investment Law 2014 are as follows:
1. Economic organizations must meet the conditions and the implementation of investment procedures as prescribed for foreign investors to invest in establishing economic organizations; investments, purchase of shares, the capital contribution of economic organizations; BCC investment in one of the following cases:
a) Foreign investors hold 51% of the charter capital or a majority of members of the partnership is a foreign individual for economic organization is a partnership;
b) economic entities specified in clause holds 51% of the charter capital;
c) There are foreign investors and economic organizations stipulated in clause holds 51% of the charter capital.
2. Economic organizations invested abroad than in the cases stipulated in points a, b and c, Clause 1 of this Article fulfills the requirements and procedures prescribed investment for domestic investors when investment established economic organizations; investment in the form of capital contribution and share purchase and capital contribution of economic organizations; investment in the form of BCC.
3. Economic organizations with foreign capital established in Vietnam if new investment projects are being implemented procedures of investment projects that do not necessarily have to establish a new economic organization.
4. The Government shall detail the sequence and procedures established economic organizations to implement investment projects of foreign investors, economic organizations and foreign investment.
In addition, Article 45 of Decree 118/2015 / ND-CP also provides for implementation of investment projects and business investment activity of economic entities with foreign investment as follows:
1. Since the date of issuance of business registration certificate or other papers of equivalent legal value, economic organizations by foreign investors established as investors implement investment projects in accordance specified in the certificate of registration of the investment.
2. In the case of new investment projects in addition to projects which have been granted registration certificates of investment, economic organizations with foreign investment implement the following procedures:
a) economic organizations defined at Points a, b and c, Clause 1, Article 23 of the Investment Law 2014 implementation procedures for granting investment registration certificate under the provisions of Articles 29, 30 and 31 of this Decree ;
b) an economic organization than the cases provided for in this point a paragraph implement the reporting regime as prescribed in Paragraph 5, Article 71 of the Law on Investment Report 2014. Contents include: Name of the investment project, the goal investment, investment scale, investment, location, duration, investment progress, the demand for labor, investment incentives (if any).
3. Economic organizations with foreign investment is entitled to adjust the content of enterprise registration at the business registration agency but not necessarily have investment projects. The additional lines of business of economic organizations with foreign investment must be consistent with the investment conditions for foreign investors (if any).
4. Economic organizations with foreign investment set up branches and representative offices, business locations outside headquarters that do not necessarily have investment projects. Dossiers, order and procedures for setting up of branches, representative offices, places of business of economic organizations comply with the provisions of corporate law and the law relating to each type of economic organization .
5. When the investment, securities trading on the stock market, economic organizations with foreign investment is a public company whose shares are listed or registered for trading on the Stock Exchanges and funds they comply with securities law on investment procedures, ownership rate charter capital, unless the laws and international treaties on investment with other regulations on capital ownership rate pear. The Ministry of Finance shall coordinate with the Ministry of Planning and Investment guiding the implementation of the provisions in this paragraph.