Vietnam’s Decree No. 51/2018/NĐ-CP: Regulations open to foreign investors

Commercial activities are activities that occur regularly, common daily for each country. In Vietnam, in addition to normal trading in the market, the exchange of goods can be done through the Commodity Exchange.

Recently, the Government of Vietnam has issued Decree No. 51/2018/NĐ-CP on amendments to some articles of Decree No. 158/2006/ND-CP elaborating the Commercial Law with respect to trading in commodities through commodity exchanges.

Decree No. 51/2018/NĐ-CP of Vietnam’s Government has introduced more open regulations for foreign investors on operations at the Commodity Exchange, to be specific:

1. Foreign investors are entitled to trade commodities through Vietnamese commodities exchanges.

2. The foreign investor is entitled to contribute capital to establish a Vietnamese foreign commodity exchange; purchase shares and stakes of the Vietnamese foreign commodity in accordance with the following regulations:

- The foreign investor is entitled to contribute capital to establish a Vietnamese foreign commodity exchange; purchase shares or stakes of the Vietnamese foreign commodity, provided his/her holding shall not exceed 49% of the charter capital.

- The foreign investor is entitled to contribute capital to establish a Vietnamese foreign commodity exchange as a client or become a member of the commodity exchange (a broker or a trader) without restraint on the ownership of charter capital.

- Procedures for capital contribution or share/stake purchase by the foreign investor are specified in the Law on Enterprises, Law on Investment and other relevant regulations of law.

View more details at Decree No. 51/2018/NĐ-CP of Vietnam’s Government, effective from June 01, 2018.

- Thanh Lam -

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