Vietnam Business Law

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Land use rights in a majority acquisition by foreign investors

Under the Land Law, a foreign-invested enterprise is subject to different treatment than a domestic company. For example, land use rights can be “allocated” (giao) to a domestic company but not a foreign-invested company, which can only lease land. A foreign invested company may be able to pay land rental for the whole term while a domestic company can only pay land rental annually. As such, a foreign investor acquiring majority of the ownership interest in a domestic company will need to check if such a majority acquisition could result in a change of the land use rights held by the domestic target company.

 

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