FDI Enterprises: When must the investment capital account be closed, and where will the funds go after closure under Circular No. 38/2026/TT-NHNN?

Question: Our company is a foreign-invested enterprise in Vietnam. We are planning an ownership restructuring, whereby the foreign investor will transfer their entire capital contribution to Vietnamese shareholders (or reduce their ownership ratio to 50% or below). Under the provisions of Circular No. 38/2026/TT-NHNN, in which cases is an FDI enterprise mandatorily required to close […]

Providing foreign loans in USD to Subsidiary companies

Question: A parent company in Vietnam intends to lend a sum of capital in US Dollars (USD) to its subsidiary in Hong Kong (an enterprise with the parent company’s capital contribution in the form of direct investment). What are the procedures, steps, and necessary documents required to carry out this loan?   Answer: Conditions for […]

Foreign investment in Vietnam: Can investors open an investment capital account and transfer capital contributions before obtaining an Investment Registration Certificate?

Question: Our company is preparing to establish a foreign-invested economic organization in Vietnam to implement a technology project. During this investment preparation phase, we incur various lawful expenses and need to receive capital from foreign investors for payment. May we open an investment capital account and transfer capital contributions into such account prior to the […]

Acts of infringement upon rights to trademarks

Question I am the owner of a business and have registered a trademark for my products. Recently, I discovered that another party has been using a sign similar to my trademark on its products and packaging. Would this constitute an infringement of my trademark rights? Answer: 1/ Concept of trademark: Pursuant to clause 16 Article […]

Do Electronic Contracts Have the Same Legal Validity as Paper Contracts? How Should Enterprises Store Electronic Contracts to Ensure Their Evidentiary Value?

Question: Our company is transitioning from paper contracts to electronic contracts. Do electronic contracts have the same legal validity as paper contracts? How should the company store electronic contracts to ensure their evidentiary value in the event of a dispute? Answer Under the 2023 Law on Electronic Transactions, a data message cannot be denied legal […]

NATURAL RESOURCE

Since it began offshore oil exploration in the 1970s, Vietnam has become a net exporter of crude oil, while gas and petroleum reserves, coal reserves,

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SUPPORTIVE GOVERNMENT POLICY

Attracting foreign direct investment (FDI) has always been a key part of Vietnam’s external economic affairs. Vietnam already has many comparative advantages and a strong

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ECONOMIC STRENGTH

Vietnam remains one of the fastest-growing Asian economies with high GDP growth in recent years, based on the power of FDI & the private sector.

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FDI INCENTIVES

What are forms of investment incentives? Investment incentives are provided in the following forms: 1.1. lower tax rates for whole duration of investment term or

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Business cost

I-Starting a Business No. Procedure Associated Costs 1 Check the proposed company name; obtain a business registration certificate as well as a tax registration certificate

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