Foreign investors contribute capital or purchase of shares or portion of capital contribution to a company in Vietnam.

The procedures for which foreign investors contribute capital or purchase of shares or portion of capital contribution to a company in Vietnam

1. A foreign investor shall carry out the procedures for registration of its capital contribution or of purchase of shares or portion of capital contribution to a company in Vietnam in the following circumstances:

(a) The foreign investor makes capital contribution or purchases shares or portion of capital contribution to a company which operates in the industries or trades in which business investment is conditional in respect of foreign investors;
(b) The capital contribution or purchase of shares or portion of capital contribution shall result in the fact that the foreign investor or foreign investment company holds 51% or more of the charter capital of the company.

2. The file for registration of capital contribution or purchase of shares or portion of capital contribution to a company in Vietnam for foreign investors shall comprise:

(a) Written registration for capital contribution or purchase of shares or portion of capital contribution including the following items: information about the economic organization to which the foreign investor intends to make capital contribution or purchase shares or portion of capital contribution; and ratio of the charter capital to be owned by the foreign investor after making capital contribution or purchasing shares or portion of capital contribution to the economic organization (Standard form);
(b) Copy of the people”s identify card, ID card or passport in the case of investors being an individual; copy of the incorporation certificate or other equivalent document certifying the legal status in the case of investors being an organization.

3. Procedures for registration of capital contribution or purchase of shares or portion of capital contribution to a company in Vietnam for foreign investors:

(a) An investor shall submit the file prescribed in clause 2 of this article to the department of planning and investment of the locality in which the head office of the economic organization is located;
(b) Where the capital contribution or purchase of shares or portion of capital contribution by the foreign investor satisfies the conditions prescribed by law, the department of planning and investment shall, within a period of fifteen (15) days from the date of receipt of the complete file, notify in writing the investor for the latter to carry out the procedures for change of a shareholder or member in accordance with law. In the case of failure to satisfy the conditions, the department of planning and investment shall notify the investor in writing and specify the reason therefor.

4. The procedures for change of a shareholder or member in accordance with law on company in Vietnam includes:

- The procedures for registering the change to its company registration with the business registration office when foreign investors contribute capital or purchase of shares or portion of capital contribution to a company; or
- The procedures for conversion of company form when foreign investors contribute capital or purchase of shares or portion of capital contribution to a company;

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