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Procedure of transfering investment project

Nguyễn Thành Tựu
0916.303.656

Name: NGUYEN THANH TUU-(MR. TONY)

Job title: MBA Lawyer – CEO- 

Phone: +84 9.19.19.59.39

Email: tuulawyer@nvcs.vn

Consultancy area: Investment- Tax- M&A – IP – Dispute settle.

Language: Vietnamese – English

PROCEDURES OF TRANSFERING INVESTMENT PROJECT

Law on Investment 2014 and Decree No. 118/2015/ND-CP date on November 12th, 2015 guidelines for some articles of the law on invesment)

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1. Conditions of project transfer​

The investor is entitled to transfer part or all of the project to another investor when the following conditions are satisfied:

a) The project is not terminated in the cases as prescribed (in Clause 1 Article 48 of this Law);

b) Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;

c) Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;

d) Conditions in the Certificate of investment registration or relevant regulations of law are complied with (if any).

2. Procedures of project transfer

Where transferring a project subject to issuance of the Certificate of investment registration:

  • Transfer contract in order to change the investor.
  • A written request for permission for execution of the investment project;
  • A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).
  • An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
  • Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
  • Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
  • Explanation for application of technologies to the project mentioned in Point b Clause 1 Article 32 of this Law, which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
  • The business cooperation contract (if the project is executed under a business cooperation contract).​

​Any question please contact NVCS for detail advices.

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Hotline: +84 919 19 59 39 (Call Lawyer immediately for free consultation – Mr. Tuu)

Email: Luatsu@nvcs.vn (Just CLICK on Email and fill in the blank with your information, the Customers shall be quickly complete the legal process)

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