Decision No. 36/2003/QĐ-TTg issues the Regulations on Foreign Investors' Capital Contribution and Share Purchase in Vietnamese Enterprises. This Decision replaces Decision No. 145/1999/QĐ-TTg and shall take effect fifteen days after its publication in the Official Gazette.
Scope of application
foreign investors, Vietnamese enterprises
Key points
- foreign investors → are permitted to contribute capital and purchase shares in Vietnamese enterprises in accordance with the provisions of the Regulations.
- Vietnamese enterprises → must comply with the regulations concerning foreign investors' capital contribution and share purchase.
🌐 Social impact of this document
- Creates opportunities for foreign investors to participate in the Vietnamese market through capital contribution and share purchase in Vietnamese enterprises, enhancing the diversification of capital sources.
- May create competitive pressure on domestic enterprises, requiring them to improve their management capabilities and business efficiency.
❓ Frequently asked questions
Are foreign investors allowed to contribute capital in Vietnamese enterprises?
Yes, but they must comply with the provisions of the Regulations on Foreign Investors' Capital Contribution and Share Purchase.
Which decision does this decision replace?
Decision No. 145/1999/QĐ-TTg dated June 28, 1999 of the Government.
When does this decision come into effect?
It takes effect fifteen days after its publication in the Official Gazette.
Who is responsible for implementing this decision?
The Minister of Finance, the Minister of Planning and Investment, the Governor of the State Bank of Vietnam, and relevant ministries and sectors.
To which enterprises does this decision apply?
Applies to all Vietnamese enterprises receiving foreign investment contributions.
Full text
Pursuant to …;
REGARDING THE REGULATIONS ON FOREIGN INVESTORS' CAPITAL CONTRIBUTION AND PURCHASE OF SHARES IN VIETNAMESE ENTERPRISES
IN VIETNAMESE ENTERPRISES
_____________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
BASED ON THE DOMESTIC INVESTMENT INCENTIVE LAW (AMENDED) ON MAY 20, 1998; THE FOREIGN INVESTMENT LAW IN VIETNAM (AMENDED) ON JUNE 9, 2000; THE ENTERPRISE LAW, THE COOPERATIVE LAW;
BASED ON DECREE NO. 51/1999/NĐ-CP OF JULY 8, 1999 PROVIDING DETAILED IMPLEMENTATION GUIDELINES FOR THE DOMESTIC INVESTMENT INCENTIVE LAW (AMENDED); DECREE NO. 64/2002/NĐ-CP OF JUNE 19, 2002 ON TRANSFORMING STATE ENTERPRISES INTO JOINT-STOCK COMPANIES;
At the request of the Minister of Finance.
DECISION:
Article 1. ATTACHED TO THIS DECISION ARE THE REGULATIONS ON FOREIGN INVESTORS' CAPITAL CONTRIBUTION AND PURCHASE OF SHARES IN VIETNAMESE ENTERPRISES.
Article 2. THE MINISTER OF FINANCE, THE MINISTER OF PLANNING AND INVESTMENT, THE GOVERNOR OF THE STATE BANK OF VIETNAM AND RELEVANT MINISTRIES AND SECTORS SHALL ISSUE GUIDELINES FOR THE IMPLEMENTATION OF THIS DECISION.
Article 3. THIS DECISION REPLACES DECREE NO. 145/1999/QĐ-TTg OF JUNE 28, 1999 ISSUED BY THE PRIME MINISTER AND SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.
Article 4. THE MINISTERS, HEADS OF GOVERNMENT-LEVEL AGENCIES, HEADS OF GOVERNMENT-RELATED AGENCIES, CHAIRS OF PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY, BOARD OF DIRECTORS OF TOTAL COMPANY 91 ARE RESPONSIBLE FOR THE IMPLEMENTATION OF THIS DECISION./.
VICE-PRESIDENT OF THE GOVERNMENT
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