Currently, there are many investors and businesses wishing to carry out the transfer of investment project. But it is still unclear about stipulates of law about the procedures for transferring investment project. Let AMI help you solve this problem.
Subjects entitled to transfer investment projects
Investors may only transfer investment project if they fall into one of the following two cases:
- An investor with an investment project has been granted an investment registration certificate in accordance with the investment law;
- An investor with an investment project approved by a competent agency is entitled to the investment policy decision of the Prime Minister, the provincial or municipal People’s Committee, but does not apply for a investment registration certificate, except for investment projects where investors have completed capital contribution, capital mobilization and projects have been put into operation.
Conditions for transferring investment project:
Based on the provisions of Clause 1, Article 45 of the Law on Investment 2014, investors are only entitled to transfer investment projects to other investors when meeting the following conditions:
- Not falling in any of the cases subject to operation termination prescribed in Clause 1, Article 48 of the Law on Investment 2014;
- Satisfying the investment conditions applicable to foreign investors in case the project is transferred to a foreign investor and is in a sector or trade subject to conditional investment applicable to foreign investors;
- Satisfying the conditions prescribed in the land and real estate business laws, in case the project is transferred together with land use rights;
- Satisfying the conditions specified in the investment registration certificate or prescribed in other relevant laws (if any)
Records of procedures for transferring investment project:
- A written request for modification of investment registration certificate;
- A report on the investment project implementation up to the time of making the request;
- The investment project transfer contract or other documents with legal value equivalent to the contract;
- Copy of the identify card or passport, for individual investors; copy of the establishment decision or an equivalent document certifying the legal status, for institutional investors;
- Copy of investment registration certificate or investment policy decision document
- The BCC, for investment projects in the form of BCC.
- Copy of one of the following documents of the investor receiving the investment project: the investor’s financial statement of the last 2 years; financial support commitment of the parent company and of a financial institution; guarantee for the investor’s financial capacity; and document explaining the investor’s financial capacity;
AMI’s Services related to investment project transfer procedures
- Advising on project transfer of investors;
- Advising on the transfer of a part or the whole project of an enterprise;
- Advising on project transfer conditions;
- Consulting, assessing the status of legal documents of the transferor and consulting the transfer plans in accordance with the needs and actual circumstances of investors;
- Consulting to complete documents and contracts on procedures for transferring investment projects, transferring, buying and selling enterprises, transferring contributed capital, transferring shares according to the provisions of investment law and other relevant laws ;
- Representing the investor to conduct the entire transfer of the investment project at a competent agency.
- Consulting and anticipating legal issues and risks arising during the project transfer process, before and after the transfer of projects of the enterprise;
- Advising businesses should choose to transfer projects independently of legal entities or transfer projects in line with the transfer of legal entities;
- Advising on financial issues arising in project transfer transactions; advising on forms of payment and capital support from credit institutions when implementing project transfer transactions if investors have demand;
- Regular legal advice for businesses during the process of project operation and implementation, building a system of legal documents on organization and operation of enterprises.
In order to carry out the procedures for transferring investment projects, investors need to understand and prepare sufficient documents to avoid problems when implementing. Please contact AMI so we can serve you in the best way.
