The transfer of investment projects is becoming more and more popular as a result of commercial development.

Because the procedure for transferring investment projects may be more challenging than expected, our team of legal professional are available to consult with and work on behalf of our clients to save time to make the transfer, not only efficient, but also extraordinarily beneficial

1. Investment Projects Defined

There are 3 types of investment projects: expansion projects; new investment projects, and start-up projects.

2. Transferred Projects Defined

Investment project transfer is the process by which an investor transfers part or whole of an investment project to another investor but must satisfy prescribed conditions.

3. Conditions for Project Transferring

The investment project or the part of the investment project which is to be transferred has not been terminated;

The foreign investor receiving the investment project or part of the investment project must satisfy the conditions;

The conditions set forth in the law on land are complied with if the transfer of an investment project is associated with transfer of the land use rights/assets on land;

The conditions set forth in the laws on residential housing and on real estate businesses are complied with when the transfer of a residential housing construction project or real estate project are complied with;

The conditions set forth in the written approval for investment guidelines or the investment registration certificate or in accordance with other relevant regulations of law (if any) are complied with;

Upon transfer of an investment project, in addition to compliance, the state-owned enterprise must comply with the Law on Management and Use of State Capital Invested in Manufacturing and Business Activities of Enterprises before making any adjustment to the investment project.

4. The procedure of transfer with the investment project has been issued an investment registration certificate

An application for adjustment of the investment project consists of:

The transferor must submit one set to the authority in charge of investment registration.

The investment registration authority will consider the conditions for project transfer set forth to adjust the investment project. The adjusted investment registration certificate will be sent to the transferor and transferee.

We endeavor to provide our the most up-to-date information on the method for transferring investment projects. Our team of legal professionals are available to resolve and complete the process of investment transfers, including those with significant challenges. Please contact us at phone number +84-916-545-618 or email hung.le@cnccounsel.com and thanh.tran@cnccounsel.com.

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Gateway to Vietnam

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