What are common investment methods in Vietnam?

In Vietnam laws, there are a number of investment methods such as establishing economic organizations; investment in the form of capital contribution, purchase of shares or capital contributions in business organizations; Business Cooperation Contract or Public Private Partnership. Investment in establishing economic organizations, capital contribution, purchase of share or capital contributions are most common in our opinion.

Investment in establishing economic organizations

For investment in the establishment of economic organization, an investor invests capital to carry out the establishment of an enterprise, cooperative, cooperative union or other organization to carry out business investment activities. This is a way of direct investment in which investors directly invest capital and directly participate in management activities.

Forms of establishment of economic organizations include two types: Establishing company with 100% foreign capital; or establishing joint ventures between domestic investors or the Government of Vietnam with foreign investors.

Before establishing an economic organization, the foreign investor must have an investment project and carry out the procedures for the grant of an investment registration certificate. Besides, the conditions for the charter capital ownership and the conditions prescribed by international treaties to which Vietnam is a member need to be met. Regarding charter capital, foreign investors are allowed to hold unlimited ownership in economic organizations, except for cases where the investors operate in fields related to listed companies, public companies, securities trading organizations and securities investment funds in accordance with the law on securities; State owned enterprises equitized or transformed under other forms. In addition, investors must check international treaties to which Vietnam is a signatory.

It should be noted that depending on the amount of investment capital of a foreign investor, the legal status of an economic organization after its establishment will be determined differently. If the foreign investor holds 51% or more of charter capital, the economic organization after its establishment will have to carry out the procedures applicable to foreign investors. Conversely, if foreign investors hold less than 51% of the charter capital, the regulations applicable to economic organizations after their establishment are applied as domestic investors.

Investment in the form of capital contribution, purchase of shares or capital contributions in business organizations

Foreign investors who wish to access the Vietnamese market but do not want to establish an economic organization can contribute capital, buy shares or buy capital contributions to business organizations operating in Vietnam.

With this form, the investor will become a member or shareholder of that economic organization. It requires investors to meet a conditions similar to the form of establishment of economic organizations. Having said that, it must meet the conditions for the charter capital ownership and the conditions prescribed by international treaties to which Vietnam is a member. Depending on each specific case, the investor must follow the procedures for registration of capital contribution, purchase of shares or capital contribution in an economic organization and send to the competent agency for recognition of legal investment.

Understanding the regulations are important for investors to enter the Vietnam market and consulting with Vietnam lawyers would help investors make informed decision for their business plan in Vietnam.

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Da Nang Hold Series of International Information Technology Activities

From 21st to 24th October, the Danang People’s Committee in collaboration with the Vietnam Software and IT Services Association (VINASA) will organize an important international chain of information technology activities, including: Smart City Summit 2019 – The 3rd Smart City Summit 2019 and Japan Information Technology Day 2019 – The 12th Japan ICT Day 2019 in Danang.

Smart City Summit is an annual international event being held to promote cooperation, experience sharing, and smart city building strategy for the cities in the area, based on new technology platforms such as: IoT, Big Data, AI, SMAC… they help to manage the city’s performance and bring practical utilities, social security to the citizen, accelerate the digital transformation process of governments and orgazations, enterprise.

The summit will have the participation of 600 delegates, including about 200 international delegates, including senior leaders of the Government, ministries and central branches of Vietnam; leaders of major cities in Vietnam and the region; leaders of leading enterprises, technology corporations of Vietnam and the world.

The summit will be an opportunity for Danang to acquire and build a smart city, based on the scientific and technological foundations of advanced countries in the world, to build a smart and modern city, application of Information Technology (IT) to management and operation to bring high efficiency in the process of development and investment attraction.

Japan ICT Day is a cooperative promotion activity for Vietnam and Japan IT enterprises organized annually by VINASA and Vietnam – Japan Cooperation Committee (VJC), starting from 2007. The program was the sponsorship of the Ministry of Information and Communications, the Ministry of Industry and Trade, the coordination and support of many Japanese organizations such as the Embassy of Japan, JETRO, JISA, JEITA, KEIS, OADC, CSAJ, JASA,…

Japan ICT Day 2019 with the theme “Vietnam-Japan cooperation to promote digital transformation” will have the participation of 350 delegates, including nearly 100 delegates from Japan, with 3 topics: Cooperation Vietnam-Japan IT in the new technology trend; Developing IT human resources for Vietnam – Japan IT cooperation; Improve the efficiency in software outsourcing. Japan ICT Day 2019 is also expected to create a highlight to further promote Vietnam-Japan IT cooperation in Danang in particular and cooperation between localities of Japan and Danang in all fields.

Danang holds the 3rd Smart City Summit 2019 and the 12th Japan ICT Day 2019 continue the target of “’The year continues to promote attract investment “of the city, and at the same time promote the process of building a smart city in Danang.

By the events, Danang wishes to complete the process of establishing a smart city in the near future, and attracting and learning the experiences of advanced countries in the world. This is also an opportunity for investors around the world to set up company in Danang in the future, to be able to give the best benefits not only for investors but also for the development of Danang city.

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Establishing Distribution Company In Danang

Da Nang is a city in the Central of Vietnam, with the advantage of being a trading place of many countries in the world. Danang has a large seaport in the top 10 large seaports of Vietnam, facilitating trading activities with many countries around the world.

At the present, Da Nang is promoting foreign investment into Da Nang, and many investors have chosen Da Nang to do business in the distribution business line. For this business line, Vietnam has committed to open up to attract 100% foreign investment. As committed, foreign-invested companies in the distribution sector will be allowed to provide commission agents, wholesalers and retailers of all products manufactured in Vietnam and legally imported products into Vietnam. Therefore, the investors can import or produce goods, then they distribute the goods in accordance with regulations.

In addition, with the increasing in the number of tourists coming to Da Nang in recent years, the demand for consumer products, fashion and other items for tourists has increased. This triggers demand that many companies to provide essential goods for tourists, and this is a great investment opportunity for investors both domestically and abroad. The investors could explore this opportunity to set up company in Da Nang and fill the market’s demand.

In addition, with many policies to support enterprises in administrative procedures, as well as management, investors can easily carry out procedures as well as manage and control their business better. Enterprises investing in Da Nang are now very satisfied with the way public services are handled in the city’s administrative procedures, therefore more and more investors are choosing Da Nang as a destination for investment when targeting in Vietnam.

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Hanoi Leads the Whole Country in Attracting FDI in the First 2 Months

According to the Foreign Investment Agency (Ministry of Planning and Investment), in the first 2 months of 2019, many foreign investors have set up business in Hanoi. In fact, Hanoi is the locality that attracts the most FDI in 44 provinces with 4 billion USD, accounting for 47.3%, followed by Ho Chi Minh City with 1 billion USD, accounting for 12%, the third is Bac Ninh with 54 million USD, accounting for 6.3%.

Specifically, among the investment projects in Hanoi in the first 2 months of the year, the largest project is the Indochina Energy Development Project of Thai investors with a total registered capital of 10 million USD.

This is a project operating in the fields of expertise, science and technology, using 100% foreign investment with the aim of providing management consultancy activities (except business tax); Investment consultancy (except financial, legal, tax, securities, insurance consultancy); Construction and installation of electrical systems; Technical consultancy activities.

The second largest registered investment project is the project of Super Gold Moon Co., Ltd. (Korea) on accommodation and catering services with a total registered capital of 3.448 million USD, of which contributed capital is 0.86 million USD, loan is 2.586 million USD. The project uses 100% foreign investment.

The third is EB Nguyen Xien Supermarket Project of Big C Thang Long International Trade and Service Co., Ltd (Thailand) with a total registered investment capital of 2.5 million USD in the form of joint venture.

Also according to the Foreign Investment Agency, as of February 20th 2019, the total newly registered capital, increased and contributed capital to buy shares of foreign investors reached 8.47 billion USD, increase by 2.5 times compared to the same period in 2018.

There are 66 countries and territories with investment projects in Vietnam, led by Hong Kong with a total investment of 4.3 billion USD, accounting for 51% of total investment. Right after that at the 2nd and 3rd positions are Singapore and Korea respectively.

In addition, there are a number of large projects in the first 2 months of 2019 such as: Capital contribution, share purchase of Beerco Limited (Hong Kong) into Vietnam Beverage Company Limited, the value of contributed capital is 3.85 billion USD with the main goal of brewing beer and malt brewing beer in Hanoi; Project of factory manufacturing electronic equipment, network equipment and multimedia products, total registered investment capital of 260 million USD invested by Goertek (Hongkong) Co., Ltd in Bac Ninh…

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Please click here to learn more about ANT Lawyers Foreign Investment Practice or contact our Law firms in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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