THE MINISTRY OF FINANCE
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No. 131/2010/TT-BTC
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, September 06, 2010
 
 
 
CIRCULAR
GUIDING THE REGULATION ON FOREIGN INVESTORS' CONTRIBUTION OF CAPITAL TO, AND PURCHASE OF SHARES FROM, VIETNAMESE ENTERPRISES
 
THE MINISTRY OF FINANCE
 
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Prime Minister's Decision No. 88/2009/QD-TTg of June 18, 2009, promulgating the Regulation on foreign investors’ contribution of capital to, and purchase of shares from, Vietnamese enterprises;
The Ministry of Finance guides a number of provisions of the Regulation on foreign investors' contribution of capital to, and purchase of shares from, Vietnamese enterprises as follows:
 
Chapter I
GENERAL PROVISIONS
Article 1. Subjects of regulation
1. Foreign organizations:
a/ Organizations established and operating under foreign laws and their overseas and Vietnam-based subsidiaries.
b/ Organizations established and operating in Vietnam with a foreign holding rate of over 49% of charter capital.
c/ Investment funds and securities investment companies with a foreign holding rate of over 49% of charter capital.
2. Foreign individuals who do not hold Vietnamese citizenship and reside overseas or in Vietnam.
Individual investors who hold both Vietnamese and foreign citizenship shall be considered domestic investors, unless otherwise provided by for law.
3. Representatives of foreign investors defined in Clauses 1 and 2, Article 3. Chapter I of this Circular.
4. Vietnamese enterprises specified in Clause 2, Article 2 of the Regulation on foreign investors' contribution of capital to, and purchase of shares from, Vietnamese enterprises, issued together with the Prime Minister's Decision No. 88/2009/QD-TTg of June 18, 2009 (below referred to as the Regulation issued together with Decision No. 88/2009/QD-TTg).
5. Shareholders holding shares in joint-stock companies; capital-contributing members in limited liability companies; partners and capital-contributing members in partnerships; and owners of private enterprises.
Article 2. Scope of regulation

 

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