ANOTHER AMENDMENT TO EQUITISATION REGULATIONS

The Government has recently issued Decree 116/2015 which includes certain amendments to Decree 59/2011 and Decree 189/2013 on equitisation of state-owned enterprises (SOEs). Decree 116/2015 took effect immediately upon signing on 11 November 2015. This shows certain urgency in the restructuring of SOEs in Vietnam. Decree 116/2015 covers the following:

Evidence of completion no longer required for registration of a capital transfer

Parties to (i) a transfer of capital in a limited liability company (LLC) or (ii) a transfer of shares by founding shareholder or foreign shareholder in a joint stock company (JSC) no longer need to submit “documents evidencing completion of the transfer” to the Business Registration Authority when applying for registration of the transfer. This is an important and positive change introduced by Decree 78/2015 on business registration which will take effect from 1 November 2015. In particular, Decree 78/2015 allows the parties to any of the above transfers to submit (i) the transfer contract or (ii) documents evidencing completion of the transfer.