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:

Foreign invested companies search in Vietnam

It is now possible to conduct a company search regarding foreign-invested companies in Vietnam via the website: http://fdi.dkkd.gov.vn/. Any interested person can search information about a foreign-invested enterprise incorporated under investment laws based on company’s name, investment licence’s number or name of the legal representative. The information available includes date of incorporation, name and address of the company, business lines, capital structures and details of the legal representative of the company.