Conditions for new foreign investor in Vietnamese insurance companies

The table below summaries the key conditions that a new foreign institutional investor may need to satisfy when investing in an existing insurance company in Vietnam. The target insurance company can be either a joint stock company (JSC) or a limited liability company (LLC). The investment could either be acquisition of new shares issued by the target or of existing share held by existing owners. Except in case of acquiring less than 10% existing shares, in all cases, an approval from the Ministry of Finance is required.

Certification of signatories to a contract

Decree 23/2015 issued in February 2015 now expressly allows a district legal department to certify or authenticate signatories to a contract. A certification of signatories to a contract serves as evidence that parties to the contract has signed the contract voluntarily and have legal capacity to do so. Decree 23/2015 could potentially provide more options to authenticate contracts entered into in Vietnam.

Investment Law 2014 – What kinds of Investment Registration Certificates that a foreign investor needs?

Under Enterprise Law 2014, a foreign investor wanted to set up a company in Vietnam is required to obtain an Investment Registration Certificate (IRC) regarding the foreign investor first. Under Investment Law 2014, an IRC is a document recording the information about the investment project that the investor registers with the licensing authority. However, as there is no clear definition of an investment project, there may be various “kinds” of ICs that may be available to a foreign investor.