Decision No. 88/2009/QĐ-TTg issues the Regulations on foreign investors' capital contribution and share purchase in Vietnamese enterprises. This Decision takes effect from August 15, 2009, and replaces Decision No. 36/2003/QĐ-TTg.
Scope of application
Foreign investors, Vietnamese enterprises, Ministry of Finance, Ministry of Planning and Investment, State Bank of Vietnam, relevant ministries and sectors, Chairmen of People's Committees of provinces/cities directly under the Central Government.
Key points
- Foreign investors → are allowed to contribute capital and purchase shares in Vietnamese enterprises according to the provisions of the Regulations.
- Vietnamese enterprises → must comply with the regulations on foreign investors' capital contribution and share purchase.
🌐 Social impact of this document
- Create opportunities for foreign investors to participate in the Vietnamese market, enhance foreign direct investment.
- May affect the ownership ratio of investors in Vietnamese enterprises.
❓ Frequently asked questions
What percentage can foreign investors contribute capital?
The Decision does not specify the exact capital contribution ratio, refer to the accompanying Regulations for detailed information.
What requirements do Vietnamese enterprises have when allowing foreign investors to contribute capital?
Vietnamese enterprises must comply with the regulations on foreign investors' capital contribution and share purchase according to the Regulations.
When does this Decision take effect?
This Decision takes effect from August 15, 2009.
Which Decision does this Decision replace?
This Decision replaces Decision No. 36/2003/QĐ-TTg of the Prime Minister on the issuance of the Regulations on foreign investors' capital contribution and share purchase in Vietnamese enterprises.
What responsibilities do relevant ministries and sectors have?
The Ministry of Finance, Ministry of Planning and Investment, State Bank of Vietnam, and relevant ministries and sectors shall guide the implementation of this Decision.
Full text
Pursuant to …;
Regarding the issuance of the Regulations on foreign investors' capital contribution and share purchase in Vietnamese enterprises
____________________________________________
THE PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Investment Law dated November 29, 2005;
Pursuant to the Enterprise Law dated November 29, 2005;
Pursuant to the Securities Law dated June 29, 2006;
Pursuant to Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;
Pursuant to Decree No. 139/2007/NĐ-CP dated September 5, 2007 of the Government guiding detailed implementation of certain provisions of the Enterprise Law;
Pursuant to Decree No. 160/2006/NĐ-CP dated December 28, 2006 of the Government detailing the implementation of the Foreign Exchange Ordinance;
Considering the proposal of the Minister of Finance,
DECISION:
Article 1. The accompanying Decision hereby promulgates the Regulations on foreign investors' capital contribution and share purchase 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 guide the implementation of this Decision.
Article 3. This Decision takes effect from August 15, 2009 and replaces Decision No. 36/2003/QĐ-TTg dated March 11, 2003 of the Prime Minister regarding the issuance of the Regulations on foreign investors' capital contribution and share purchase in Vietnamese enterprises.
Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of Management Councils of State-owned Groups and Corporations, related organizations and individuals are responsible for implementing this Decision.
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