Understanding the regulations on indirect investment in Vietnam

Investing in Vietnam requires understanding the legal framework. Indirect investment includes various forms and follows specific guidelines. Foreign investors can engage in activities such as capital contribution, buying/selling shares, bonds, and securities, and entrusting investments. These activities must be conducted through an indirect investment capital account in Vietnamese Dong. Authorized banks handle these accounts, which are used for revenue and expenditure transactions related to foreign indirect investment in Vietnam. The account is used for collecting proceeds, dividends, and interest, and making payments for expenses and currency purchases. Transfers can also be made from the account for capital, profits, and revenue abroad. Investing in Vietnam, whether directly or indirectly, requires a clear understanding of the legal framework. Indirect investment, in particular, includes many different forms and requires compliance with specific guidelines prescribed by Vietnamese law. Through this article, TPM provides investors with specific information about indirect investment in Vietnam. 1. Indirect investment. 2. Indirect investment capital account. 3. Using the indirect investment capital account. Indirect investment activities in Vietnam of foreign investors include the following forms. Capital contribution, purchase and sale of shares and capital contributions of foreign investors to enterprises other than foreign direct investment enterprises as prescribed in the circular. Capital contribution, purchase and sale of shares and contributed capital of foreign investors and enterprises with listed shares or registered for trading on the stock exchange. Buying and selling bonds and other securities on the Vietnamese stock market. Purchase and sale of other valuable papers in Vietnamese Dong issued by residents who are authorized to issue in the territory of Vietnam. To entrust investment in Vietnam Dong through fund management companies, securities companies and organizations permitted to perform entrusted investment operations in accordance with the provisions of the law on securities. To entrust investment in Vietnam Dong through credit institutions and foreign bank branches permitted to perform entrusted investment operations in accordance with the provisions of the state bank. Capital contribution and transfer of foreign investors contributed capital in securities investment funds and fund management companies in accordance with the law on securities. Other forms of investment under the provisions of the law. Indirect investment account. Indirect investment capital account means a settlement account in Vietnamese Dong opened by a foreign investor at an authorized bank to carry out permitted revenue and expenditure transactions related to foreign indirect investment activities in Vietnam. This means that all indirect investment activities of foreign investors in Vietnam must be conducted in Vietnamese Dong. Transactions related to foreign indirect investment activities in Vietnam by foreign investors must be conducted through 011 indirect investment capital account opened at 011 authorized bank. Subjects allowed to open and use capital accounts include. Non-resident foreign investors performing indirect investment activities in Vietnam. Organizations and individuals involved in foreign indirect investment in Vietnam. In case a foreign investor is opening and using an indirect investment capital account at an authorized bank but needs to open an indirect investment capital account at another authorized bank, the foreign investor must close the opened indirect investment capital account and transfer the entire balance on this account to the new account. In addition, the investor may only trade on the new account after it has been closed and the previously opened account has been settled. In case there is a need to transfer capital, profits and other lawful sources of revenue from indirect investment activities abroad, foreign investors may use Vietnamese Dong on the indirect investment capital account to buy foreign currencies at authorized credit institutions and transfer abroad. Using the indirect investment capital account. The indirect investment capital account is used to perform revenue and expenditure transactions related to foreign indirect investment activities in Vietnam as follows. Collection. Proceeds from foreign currency sales to licensed credit institutions. Proceeds from transfer of contributed capital, shares, sale of securities and other valuable papers. Receipt of dividends and interest from bonds and valuable papers arising in Vietnam Dong from foreign indirect investment activities in Vietnam. Collect the transfer from the payment account in Vietnamese Dong of the foreign investor opened at the authorized bank. Collect transfers from accounts of fund management companies, securities companies. Credit institutions and foreign bank branches authorized to perform entrusted investment operations for foreign investors, applicable in case foreign investors make indirect investment in Vietnam in the form of entrusted investment, other lawful revenue transactions in Vietnamese Dong of foreign investors related to foreign indirect investment activities in Vietnam. Expenditure. Expenditures for foreign indirect investment activities in Vietnam in the form specified in degree article 5 of this circular. Expenditures for foreign currency purchase at credit institutions allowed to transfer capital, profits and lawful sources of revenue abroad. Payment of legal expenses incurred in Vietnam. Transfer to the payment account in Vietnamese Dong of the foreign investor opened at the authorized bank.