Bidding for large block of shares in State-owned joint stock companies

Under Decision 41/2015 issued on 15 September 2015, the Prime Minister introduced a raft of new measures to facilitate the sale of State shares in public unlisted joint stock companies with (Unlisted JSC). The new measures do not apply to State shares in listed JSCs include JSCs registered for trading on Upcom market. In particular,

Investment Conditions Applicable To Foreign-Controlled Companies And National Treatment Principle

Under Article 23 of the Investment Law 2014, economic organisation with foreign investment capital (including 51% Top-Level Foreign EOs And 51% Low-Level Foreign EO/ Domestic) (collectively, “Foreign-Controlled Companies”), except for  investment in securities, credit institutions, insurance business and oil and gas will be subject to the investment procedures and conditions applicable to foreign investors when(i) setting up a new enterprise; (ii) acquiring shares in existing private enterprises and (iii) entering into a Business Operation Contract.

New voting thresholds in Limited Liability Companies in Vietnam

The Enterprise Law 2014 now seems to allow the charter of a Multiple LLC to provide for voting thresholds lower than the default thresholds (i.e. 65% for simple majority and 75% for supermajority). Under the Enterprise Law 2014, unless otherwise provided by the charter, a resolution of the Members’ Council of a multiple members limited liability company (Multiple LLC) will be approved in a meeting of the Members Council, if: