How to carry out investment activities of foreign-invested economic organizations in Vietnam?

Pursuant to the provisions of Article 23 of the Investment Law 2020 stipulated as follows:

“Carrying out investment activities of economic organizations with foreign investment capital

1. Economic organizations must meet the conditions and carry out investment procedures as prescribed for foreign investors when investing in establishing other economic organizations; Investing in capital contribution, purchasing shares, purchasing capital contributions from other economic organizations; Invest in the form of BCC contract if that economic organization falls into one of the following cases:

a) There are foreign investors holding more than 50% of charter capital or the majority of partners are foreign individuals for economic organizations that are partnerships;

b) There is an economic organization specified in Point a of this Clause that holds more than 50% of the charter capital;

c) There are foreign investors and economic organizations specified in Point a of this Clause holding more than 50% of the charter capital.

2. Economic organizations that do not fall into the cases specified in Points a, b and c, Clause 1 of this Article shall comply with investment conditions and procedures as prescribed for domestic investors when investing in establishing organizations. other economic; investment in the form of capital contribution, share purchase, purchase of capital contribution from other economic organizations; Investment in the form of BCC contract.

3. If a foreign-invested economic organization has been established in Vietnam, if it has a new investment project, it can carry out procedures to implement that investment project without necessarily establishing a new economic organization.

4. The Government regulates in detail the order and procedures for investment in establishing economic organizations and for implementing investment activities of foreign investors and economic organizations with foreign investment."

Accordingly, economic organizations must meet the conditions and carry out investment procedures according to regulations for foreign investors when investing in establishing other economic organizations; Investing in capital contribution, purchasing shares, purchasing capital contributions from other economic organizations; Invest in the form of BCC contract if that economic organization falls into one of the following cases:

- There are foreign investors holding more than 50% of the charter capital or the majority of partners are foreign individuals for economic organizations that are partnerships;

- There is an economic organization specified in Point a of this Clause that holds more than 50% of the charter capital;

- There are foreign investors and economic organizations specified in Point a of this Clause holding more than 50% of the charter capital.