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 […]

Procedures of investment in Vietnam

Procedures of investment in Vietnam

Procedures of registering Investment in Vietnam applicable to domestic investment projects 1. For domestic investment projects capitalized at under VND 15 billion each and falling outside the list of

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Investment preferences

Investment preferences

Subjects and conditions of investment preferences in Vietnam 1. Investors having investment projects in the domains or geographical areas entitled to investment preferences provided for in Articles 27 and

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Investment domains and geographical areas

Investment domains and geographical areas

Domains entitled to investment preferences in Vietnam 1. Production of new materials or new materials or new energy; manufacture of hi-tech products, bio-technology or information technology; mechanical

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Patent Examination Procedure

Patent Examination Procedure

Applicants should be aware of the examination process a patent going through the National Office of Intellectual Property of Viet Nam (NOIP). This process is begun

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Patent registration through PCT

Patent registration through PCT

1. The agency competent to receive international patent applications in Vietnam is the NOIP. The NOIP shall: a/ Receive international applications originating in Vietnam; b/

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