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Change shareholder information as foreign investors
In the current period of open economic integration, more and more foreign investors are coming to Vietnam to invest and contribute capital to establish businesses. And in the process of investment activities, it is inevitable that there will be changes in information of foreign shareholders. Therefore, if there is a change in the information of foreign shareholders, it is necessary to carry out this adjustment procedure to ensure correct information and ensure the relevant rights of investors.
What is a foreign investor?
According to the Investment Law 2020, foreign investors are individuals with foreign nationality or organizations established under foreign law that conduct business investment activities in Vietnam.
When to carry out procedures to change foreign shareholder information?
Enterprises need to carry out procedures to change information about shareholders who are foreign investors in the following cases of changing information:
| Foreign individuals | Foreign organizations |
| Full name;
Nationality; Passport number; Contact address; Number of shares and type of shares. |
Name, business code, head office address;
Number of shares and type of shares; Information of authorized representative by organization: (Full name, nationality, passport number, contact address.). |
Procedures for changing shareholder information as foreign investors.
Process 1: Adjust investor information on the investment registration certificate.
The dossier includes:
- Written request for adjustment of investment registration certificate.
- Report on the implementation status of project activities up to the time of adjustment.
- Decision of the owner/board of members/general meeting of shareholders on the adjustment.
- Documents proving the change of information such as Passport, business registration, establishment decision.
- Financial statements/Confirmation of full capital contribution.
- Copy and original of investment registration certificate.
- Copy of enterprise registration certificate.
Place to submit application:
+ The Department of Planning and Investment for projects outside industrial parks and export processing zones.
+ Industrial park and export processing zone project management board for projects located in export processing zones and industrial parks.
=> Implementation time: 10 working days from the date of submitting valid documents according to regulations.
Procedure 2: Notify the business registration office of the addition and update of foreign investor information where the enterprise is headquartered
The dossier includes:
- Notification of addition and update of business registration information according to the form in Appendix II-5 issued with Circular 01/2021/TT-BKHĐT.
- Copy of legal documents of individual/organizational shareholders, copy of legal documents of the receiving individual/organization for the authorized representative.
Within 3 working days after receiving information or changing information about foreign shareholders, send a notice of supplementing or updating business registration information to the business registration office where the enterprise is headquartered.
Note: Procedure 2 is only applicable to foreign investors implementing investment projects that establish enterprises.
Legal basis for changing information of foreign investors
- Enterprise Law No. 59/2020/QH14
- Investment Law No. 61/2020/QH14
- Decree No. 31/2021/ND-CP detailing and guiding the implementation of a number of articles of the Investment Law.
- Decree No. 50/2016/ND-CP providing for administrative sanctions in the field of planning and investment.
- Decree No. 01/2021/ND-CP on business registration;
- Circular No. 01/2021/TT-BKHĐT on guidance on business registration;
- Other relevant legal documents.
Consulting service on changing information of foreign investors’ shareholders at Siglaw Law Firm
- Siglaw Law Firm advises on procedures related to procedures for changing information of shareholders who are foreign investors;
- Receive documents and information from customers related to procedures for changing information of shareholders who are foreign investors;
- Prepare and complete documents for changing information of shareholders who are foreign investors;
- Submit documents for changing information of shareholders who are foreign investors to competent authorities;
- Work with competent people and authorities to carry out procedures for changing information of shareholders who are foreign investors;
- Receive results and hand over when completing procedures for changing information of shareholders who are foreign investors.
Siglaw is always ready to discuss and support customers with necessary information during the process of changing shareholder information as a foreign investor. Please contact Siglaw for specific advice.
Phone: (+84) 961 366 238
Email:
Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.
Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.
Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City
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