Decision No. 88/2009/QD-TTg on Capital Contribution and Share Purchase by Foreign Investors in Vietnamese Enterprises

PRIME MINISTER

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No.

88 /2009/QD-TTg

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Hanoi, June 18, 2009

DECISION

On Issuing the Regulations on Capital Contribution and Share Purchase by Foreign Investors in Vietnamese Enterprises

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Investment dated November 29, 2005;

Pursuant to the Law on Enterprises dated November 29, 2005;

Pursuant to the Law on Securities dated June 29, 2006;

Pursuant to Government Decree No. 108/2006/ND-CP dated September 22, 2006, detailing and guiding the implementation of certain articles of the Law on Investment;

Pursuant to Government Decree No. 139/2007/ND-CP dated September 05, 2007, detailing the implementation of certain articles of the Law on Enterprises;

Pursuant to Government Decree No. 160/2006/ND-CP dated December 28, 2006, detailing the implementation of the Foreign Exchange Ordinance;

Considering the proposal of the Minister of Finance,

DECIDES:

Article 1.

To issue herewith the Regulations on Capital Contribution and Share Purchase by Foreign Investors in Vietnamese Enterprises attached to this Decision.

Article 2.

The Minister of Finance, the Minister of Planning and Investment, the Governor of the State Bank of Vietnam, and relevant Ministries and sectors shall guide the implementation of this Decision.

Article 3.

This Decision takes effect from August 15, 2009, and replaces Decision No. 36/2003/QD-TTg dated March 11, 2003, of the Prime Minister on Issuing the Regulations on Capital Contribution and Share Purchase by Foreign Investors in Vietnamese Enterprises.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally run cities, Boards of Directors of state-owned Corporations and General Corporations, and relevant organizations and individuals are responsible for implementing this Decision./.

Distribution:

• Central Secretariat of the Party;
• Prime Minister, Deputy Prime Ministers;
• Ministries, ministerial-level agencies, agencies under the Government;
• Central Steering Committee Office for Anti-Corruption;
• Provincial and centrally run city People's Councils and People's Committees;
• Central Office and Party Committees;
• Office of the President;
• National Assembly Council and its Committees;
• National Assembly Office;
• Supreme People's Court;
• Supreme People's Procuracy;
• State Audit Office;
• National Financial Supervisory Committee;
• Social Policy Bank;
• Vietnam Development Bank;
• Central Committee of the Vietnam Fatherland Front;
• Central agencies of mass organizations;
• State-owned Corporations and General Corporations;
• Prime Minister's Office: Central Secretariat, Deputy Secretariats, Electronic Portal, Departments, Bureaus, subordinate units, Gazette;
• Archives Division, Foreign Direct Investment (5b).

PRIME MINISTER

(signed)

Nguyen Tan Dung