Investment procedures are in the form of capital contribution, share purchase, and capital contribution purchase

One of the common forms of investment is investing in companies that are operating stably and have a potential development. This way of investing will be safer than starting to invest in a new project from very first date (if the investors learn and fully grasp information about the company they want to invest in).

To make this investment, investors can contribute additional capital to the company, or buy back shares from current members.

Relevant legal documents

1. Investment Law 2014
2. Enterprise Law 2020
3. Decision 31/2021/ND-CP guiding the Investment Law

Register to invest in the form of capital contribution, share repurchase, or capital contribution

1. Implementation of investment registration procedures will apply in the following cases:
   a. For foreign investors:
   – If contributing capital, buying shares, or purchasing capital contributions will increase the ownership ratio of foreign investors in enterprises that are doing business in industries with limited conditions for foreign investors. ;
   – If after contributing capital, purchasing shares, the foreign investor’s charter capital holding rate in the enterprise increases to over 50% of charter capital (including the case the holding rate of foreign investors in that enterprise were over 50%) and keep increasing after that by buying more shares).
   – Foreign investors contribute capital, buy shares of enterprises with land usage rights certificates on islands and border communes, wards and towns; coastal communes, wards and towns; other areas that affect national defense and security.
   b. For domestic investors (and foreign investors not falling into the above cases): it is not mandatory.
2. Investment registration procedures:
   – Registration documents:
   + Registration document for capital contribution, share purchase (according to form).
   + Copies of legal documents of individuals and organizations contributing capital, purchasing shares, purchasing capital contributions and the business.
   + Written agreement in principle on capital contribution, stock purchase, capital contribution purchase between the investor and the enterprise receiving capital contribution, stock purchase, capital contribution purchase or with shareholders/members of the enterprise.
   + Copy of the certificate of land usage rights of the enterprise that is purchased shares, or purchased capital contributions (in case the enterprise has a Certificate of land use rights on islands and border communes, wards, and towns, coastal towns; other areas affecting national defense and security).
   – The investor will submit 01 set of registration documents for capital contribution, share purchase, and capital contribution purchase to the investment registration agency where the headquarter is located.
   – Time to complete the procedure (in case of complete and valid documents): from 3 weeks to 1 month.

Register to change business registration information

After completing the investment registration procedure, the enterprise will carry out the procedure to change business registration information (change charter capital, or change charter capital and capital contributing members/founding shareholders). ) according to the procedures of the Enterprise Law.

If you still have questions, or need assistance, feel free to contact An Luat Vietnam. Our company has experienced lawyers and consultants, who will advise customers to ensure legal safety for investment, helps customers prepare documents quickly and accurately and complete investment registration procedures as quickly as possible.