Investment Law 2014 – Foreign investors acquiring shares in an existing private Vietnamese company

The Investment Law 2014 introduces many substantial changes to the investment procedures involving foreign investors or foreign invested enterprises. The changes to investment procedures when a foreign investor acquires shares in an existing private Vietnamese company (Private Local Co) are among the most important changes. The Private Local Co here is not banks, insurance companies or securities companies. In particular,

Enterprise Law 2014 - Capital structure of a joint stock company

The capital structure of a JSC under the Enterprise Law 2005 is anything but clear. In particular, the Enterprise Law 2005 and Decree 102/2010 do not clearly define how charter capitalpaid-up sharesauthorised shares and treasury shares relate to each other. It looks like that the drafting team of Enterprise Law 2014 has taken notes of our comments and substantially improve the clarity on the capital structure of a JSC.

Enterprise Law 2014 - Companies incorporation procedures

The Enterprise Law 2014 provides some changes regarding documents and information required for incorporating a new company in Vietnam. The changes are largely positive changes except for more requirements on investment certificate for foreign investors and details of foreign shareholders in a joint stock company (JSC). Details of the changes are as follows: