Vietnam: Consideration of validity of the application when a foreign investor invests in capital contribution

According to Circular No. 02/2017/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, the consideration of validity of the application when a foreign investor invests in capital contribution is prescribed as follows:

For the Application-receiving division under the Department of Planning and Investment:

The Application-receiving division under Department of Planning and Investment shall process the application for capital contribution or purchase of shares or stakes through National Information System on investment in accordance with procedures as stipulated in the Law on Investment and written guidelines.

For Business registration authorities:

Within 02 working days from the day on which the application for enterprise registration is transferred, the Business registration authority shall process the application for enterprise registration through National Enterprise Registration Information System and inform the Application-receiving division under Department of Planning and Investment of the validity of the application.

- If the application is valid:

The Business registration authority shall inform the Application-receiving division under Department of Planning and Investment of the validity of the application, and wait for the Department of Planning and Investment’s Approval for contributing capital or purchasing shares or stakes by the foreign investor for enterprise registration.

- If the application is invalid:

The Business registration authority shall notify the Application-receiving division under the Department of Planning and Investment of necessary addition or revision of documents. The Application-receiving division shall instruct the applicant to complete their application accordingly. If the investor revises the application for enterprise registration, the Application-receiving division under Department of Planning and Investment shall receive and send the application to the Business registration authority.

View details at Circular No. 02/2017/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, effective from June 15, 2017.

-Thao Uyen-

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