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INVESTMENT CAPITAL IN VIETNAM

investment-capital-in-Vietnam

SHARING ALL EXPERIENCE FOR NEW INVESTORS REGARDING INVESTMENT CAPITAL IN VIETNAM

The JOBS to be prepared before investing in Vietnam

As may you know, when you invest into Vietnam, you need to comply at least the conditions such as (i) financial capacity (investment capital in Vietnam), (ii) the legal documents relating to investors (including the entity or individual), (iii) legal documents about the location of project implementation, (iv) business lines or executive purpose of your project which comply with criteria and provisions in regulated to international treaties that Vietnam is a member, and the regulations in Vietnam. Thus, this post we will analyze in detailed conditions about financial capital (investment capital in Vietnam) that you may refer to it for preparing.

  1. Financial capacity (Investment capital in Vietnam).

This is a first condition that investor need to have for investing in Vietnam. Depending on investor’s financial capacity, investors may register in flat investment capital in Vietnam as an amount of fund for investment activities implementation ( unless upon the regulations of Vietnam, you must be injected investment capital equal to amount of fund which regulated thereof if you want to operate within business lines or scope of project implementation such as real estate business ( 20 billion Vietnam Dong); bank activity ( 3.000 billion Vietnam Dong)

There is a point of advantage for investors that only provide the financial capacity documents as bank statement, financial report. Etc. when submission for proposal of project implementation. After that you will have a period as 90 days or 180 days or 365 days for infecting full investment capital undertaken upon the duration of investment project.

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  1. Sharing our experiences regarding investment capital in Vietnam.

There are 03 (three) aspects of outside that you may consider for how much investment capital you will be able to invest in project of Vietnam.

Associated with your financial capacity (internal aspects), investment capital in Vietnam is impacted by objective aspects as mentioned below:

First aspect: Depending on your clients as well as the value of the trade contracts/service agreement or other contracts and agreements.

Example: When you set up some the forms of entity as the Joint Stock Company (JSC) or Company limited (LLC), you only have to bear the obligations based on  your limited investment capital into the entities, so in such cases the clients may entirely request as well as check your licenses to guarantee about “legal finance ability” to the implemented contracts/agreements. In other words, it may be impacting the process of signing the contract between the parties Indirectly.

Second aspect: Depending on your business lines or scope of project implementation.

As set forth above, if the current laws of Vietnam are regulated about the legal capital before investing in Vietnam with a specific business line or scope of project implementation. Hence you need to comply this aspect, For example as “Real estate business”, it is required by laws of Vietnam that you need to register the legal capital at least is 20 Billion Vietnam Dongs)

In such case, you should give for Barrso a chance for helps you to further check the conditions under the laws of Vietnam.

Third aspect: The concerned relation between investment capital in Vietnam and the duration of the residence of investor in Vietnam.

If you are investor, and having the plan to be resident in Vietnam, you should consider about aspect relating between the duration of residence in Vietnam and investment capital in Vietnam.

In detailed under the laws of Vietnam:

  1. Symbol of visa type “ĐT1”: it means that you must invest with registered investment capital from 100 Billion and over…, and you can reach the temporary resident card for the duration of 10 years.
  2. Symbol of visa type “ĐT2”it means that you must invest with registered investment capital from 50 Billion to less than 100 billion …and you can reach the temporary resident card for the duration of 5 years.
  3. Symbol of visa type “ĐT3”: it means that you must invest with registered investment capital from 3 Billion to less than 50 billion …and you can reach the temporary resident card for the duration of 3 years.
  4. Symbol of visa type “ĐT4” : it means that you must invest with investment capital less than 03 billion …and you may be not reach the temporary  resident card direct with visa DDT4 (investor role), you will need to do some steps before receiving the temporary resident card, please contact with barrso’s lawyers for further advice.

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iii. How to transfer the investment capital to Vietnam, and how to infect more investment capital in Vietnam.

During the practice of lawyer's assignments, we have met with many questions concerned to the method of transferring the investment capital in Vietnam as well as injecting more investment capital in Vietnam, so we feel free to share our expertise knowledges about this matter as supporting with a little our sharing to clients’ achievement.

How to transfer the investment capital to Vietnam:

Under the laws of Vietnam, we have two accounts of investment capital from investors from oversea: (i) Direct investment capital account (DICA), (ii) Indirect investment capital account (IICA).

Hereunder we will comment about the direct investment capital account (DICA), Indirect investment capital account (IICA) is connected to our law firm for further advice as case by case.

The time to be opened DICA: after company established and notified the company seal.

The place to be opened DICA: the bank allowed at Vietnam (including local banks and foreign banks, (including joint venture banks))

The list of documents for opened DICA:

  • The licenses of the company
  • The charter of the company
  • Forms following to the bank’s sample
  • The legal documents of legal representative and chief accountant (if any)
  • The “Foreign Account Tax Compliance Act” (FATCA) compliance procedures (if any) ( Fatca is an Act which shall forbid and prevent the actions of tax hiding or tax avoiding of US citizens or organizations registered the account in oversea)
  • Other documents

After the procedures completed, the investor may inject the investment capital in Vietnam while the duration on the licenses.

Please be noted: The investor can open the DICA and Operation account of company (OA) as the same time and beginning for business activities.

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How to infect more investment capital in Vietnam.

The investor can inject more the investment capital into the project in Vietnam through 02 (two) legal ways as follows:

  1. Increasing the investment capital as well as the charter capital.
  2. Increasing the investment capital through the loan capital (loan amounts)

Certainly, when investors increase investment capital or loan of investment capital, they must comply with the legal procedures and conditions related under the laws of Vietnam, including state of bank; DPI or other competent authorities.

For detailed instructions, please feel free to contact with BARRSO’s lawyers.

We are thankful for your reading and we will continue updating new post for next week about the conditions for new investors. Please be wait for seeing. Best regards.

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