Vo & Associates Law Firm Co., Ltd

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Frequently Asked Questions

What should be noted when carrying out investment procedures in Vietnam?

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Investment law in Vietnam requires investors to comply with certain regulations. Accordingly, investment procedures in Vietnam currently differ depending on the size of capital, project size, use of land use rights as well as fields and forms of investment as well as differences between different localities. Therefore, regarding investment procedures, there are important notes as follows:

Determine the right type and scale of investment capital;

Examine in detail the investment conditions for the sectors and industries to be invested;

Properly determine the competence of the licensing agency;

Prepare dossiers in accordance with the law.

The above are just basic notes, in fact, Vietnamese law has quite large gaps in terms of regulations and reality. Therefore, the implementation of investment procedures requires a detailed understanding of legal regulations as well as practical experience. We encourage investors to consult in detail with experts and lawyers to ensure that investment documents and procedures comply with regulations and are presented quickly. If customers need specific instructions for each case, please let us know or contact us directly via hotline 0909865891

Economic contracts stipulate terms that bind the rights and responsibilities of the contracting parties in business activities, purchase and sale of goods, and provision of services,... Therefore, depending on the requirements of the parties, the value and characteristics of the transaction, the parties make the development of appropriate contractual terms. However, it is still necessary to ensure at least the following basic provisions:

  • Information of the contracting parties;
  • Contract object;
  • Pricing and payment methods;
  • Time and method of contract performance;
  • Rights and obligations of the parties;
  • Warranty and maintenance terms (if any);
  • Penalties for violations and compensation for damages;
  • Termination clause;
  • Dispute resolution;
  • Validity of the contract;

In fact, drafting a contract requires in-depth legal knowledge as well as a thorough understanding of the executed transaction. We recommend that customers consult in detail with experts and lawyers to ensure that the contract is drafted carefully. If customers need specific instructions for each case, please let us know or contact us directly via hotline 0909865891

Currently, Vietnamese law does not prohibit foreigners from acting as legal representatives for enterprises in Vietnam. Accordingly, in addition to the general requirements such as Vietnamese citizens, foreigners should note:

  • Fully implement procedures related to labor law such as applying for a work permit/ Certifying that the employee is not in the case of applying for a work permit to ensure that labor activities in Vietnam are legal;
  • Carry out procedures for applying for a long-term visa/visa in Vietnam to facilitate long-term stay and work in Vietnam;
  • Fully fulfill the responsibility to declare and pay corporate income tax arising in Vietnam in accordance with law.
  • In case an enterprise has a legal representative residing in Vietnam, upon exiting Vietnam, the legal representative must authorize in writing another individual residing in Vietnam to exercise the rights and obligations of the legal representative.

For individuals with procedures related to labor relations, residing in Vietnam. If customers need specific instructions for each case, please let us know or contact us directly via hotline 0909865891

According to the provisions of the Law on Enterprises 2020, Members must contribute capital to the company in sufficient and in accordance with the committed assets when registering the establishment of the enterprise within 90 days from the date of issuance of the Enterprise Registration Certificate, excluding the time of transportation and import of contributed assets,  carry out administrative procedures for transferring property ownership. In case a member of a limited liability company fails to make a capital contribution in accordance with regulations, he or she is no longer a member of the company but is still responsible for the proportion of the committed capital contribution to the company's financial obligations incurred in the period before the date the company registers the change in charter capital and the ratio the member's capital contribution.

In addition, the company must register to reduce its charter capital, change the proportion of members' contributed capital by the contributed capital within 30 days from the last day of the full capital contribution. Beyond this time limit, companies that have not implemented will be fined for administrative violations according to the provisions of Article 44 of Decree 122/2021/ND-CP, whereby the fine can be up to VND 30,000,000.

If customers need specific instructions or have a request to provide charter capital reduction services for enterprises, please let us know or contact us directly via hotline 0909865891