Foreign investors can establish an enterprise in the form stipulated in the Enterprise Law, there are only specific regulations applicable to the establishment of enterprises in the form of joint stock companies and private enterprises as follows:
a) for joint stock companies, the owner of foreign invested business must be founding shareholders, where there are a number of enterprise owners, at least one enterprise owner must be a founding shareholder (Article 11 Decree 101/2006/ND-CP).
b) The establishment of private enterprises by foreign investors shall comply with separate regulations issued by the Prime minister (Article 87 Decree 108/2006/ND-CP)