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Legal advice on tranfer of investment project in Vietnam

Transferring investment projects to foreign investors is a common legal practice in the current international integration process, simultaneously, creating investment flexibility.

Under the current Law on Investment, investors are entitled to transfer part or all of the project to another investor when satisfied the specific conditions and conduct the procedure of project adjustment under the regulation of law.

1/ The conditions of transferring an investment project

An investor may transfer the whole or part of an investment project to another when meeting the following conditions: 

(i) Not falling in any of the cases subject to operation termination; 

(ii) Satisfying the investment conditions applicable to foreign investors in case the project is transferred to a foreign investor and is in a sector or trade subject to conditional investment applicable to foreign investors; 

(iii) Satisfying the conditions prescribed in the land and real estate business laws, in case the project is transferred together with land use rights; 

(iv) Satisfying the conditions specified in the investment registration certificate or prescribed in other relevant laws (if any). 

2/ Preparation of dossier for transferring an investment project

  • A written request for permission for project adjustments;
  • A report on the progress of the project up to the time of transfer;
  • The project transfer contractor an other document with equivalent legal value;
  • Copies of the ID card or passport (if the investor is an individual) or Certificate of Enterprise Registration or another document with equivalent legal value (if the investor is an organization);
  • Copies of the Investment Registration Certificate or decision on investment guidelines (if any);
  • Copies of the BCC contract (for BCC projects);
  • Copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of financial capacity of transferee, documents describing the financial capacity of transferee;

Before transferring an investment project, investors need to evaluate the legal situation, apart from the financial, personnel, and other key issues of the project, which are subject of the transfer. Therefore, to ensure effective transfer, investors often engage law firms with highly qualified lawyers in Vietnam to conduct M&A legal due diligence and invisible assets (including industrial property rights), licenses, contracts or transactions of great value, taxes and other legal risks such as litigation or disputes which could significantly impact the project.

As a legal consultant, always accompanying investors in business activities in Vietnam, over the past year, Apolo Lawyers has continuously advised and supported foreign investors on the plan as well with many experienced years in drafting and consulting specific contracts in Vietnam.

Customers can connect us with many forms including direct law advice at the office, email counseling, telephone consultation and many other forms to create the best favorable conditions for clients. For customers who cannot directly meet the lawyers, you can choose to consult via Email, or WhatsApp. Our company will offer the most effective solutions for customers, consulting in writing to ensure high accuracy, with legal basis. With the enthusiastic support from the company, the customer will spend not only a lot of time but also travel expenses.

For further information, contact us:

Apolo Lawyers - Solicitors & Litigators

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Binh Thanh Branch      

Address: 9th/F, Tower K&M Building, 33 Ung Van Khiem St., Binh Thanh Dist., HCM City

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Tel: (028) 66.701.709 / (028) 35.059.349

Mobile 1/ Whatsapp 1: 0939.486.086 / Mobile 2/ Whatsapp 2: 0908.043.086

Email: contact@apolo.com.vn

Website: apololawyers.com

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