Transferring Investment Projects of Foreign Companies
The foreign-invested company wants to raise more investment capital by transferring a part or all of the project to a new investor. Or increase investment capital by receiving additional capital contributions from new investors.
Legal grounds:
Investment Law 2014.
Enterprise Law 2014.
Decree 118/2015/ND-CP.
Decree 78/2015/ND-CP.
Circular 16/2015/TT-BKH-DT.
Circular 02/2019/TT-BKH-DT..
Before transferring an investment project, a written registration for capital contribution/share purchase must be made
Before transferring the project to the new investor, the existing investor must complete the procedures for registration of capital contribution/repurchase of contributed capital and send it to the licensing agency. After being approved, carry out procedures for transferring investment projects according to regulations.
STEP 1: Prepare relevant documents as prescribed For organizations:
a) Certificate of Establishment/Business License or other equivalent document proving that the Investor is an Organization;
b) Certified copy of ID card/CCCD/Passport of the representative of the capital contributing organization;
c) Documents proving the financial capacity of the Investor (Two-year financial statements with audit or confirmation of bank balance)
Note: Documents in foreign languages must be consular legalized and notarized translated into Vietnamese. For individuals:
a) Authenticated copy of Investor's Passport;
b) Confirm bank balance.
STEP 2: Register the written consent to buy back the contributed capital
DOCUMENTATION FOR TRANSFER OF INVESTMENT PROJECTS
a) Notice of changes in business registration contents;
b) List of members/Shareholders for limited liability companies, shares;
c) Documents specified in Step 1;
d) Decision of the Owner/Members' Council/Shareholder's Council;
e) Minutes of the meeting of the Members' Council/Shareholders' Council;
f) Capital transfer contract or transaction completion record;
g) Written approval of notice of redemption of contributed capital at STEP 1 and STEP 2
Processing time: 05 working days Adjusting Investor information on Investment License
Consulting service and implementation of all investment registration procedures ABA Law
providing a full service for all procedures including consulting all issues for Investors and carrying out procedures with licensing agencies. Come to ABA VISA, all documents we do on behalf of the customer. Payment costs are fully and transparently invoiced and documented.
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