Using non-cash assets to make capital contribution, set up an FDI company in Vietnam

Hi DMS Attorneys in Vietnam! Can foreign investors contribute noncash assets to set up 100% foreign owned company in Vietnam ? Do you provide services on procedures for capital contribution in kind of foreign investors in Vietnam ?

Hi! 

Investment capital means money and other assets in order to conduct business investment activities  (Clause 18 Article 3 Law on Investment No. 67/2014/QH13 dated November 26, 2014).

The State recognizes and protects the ownership of assets, investment capital and income and other lawful rights and interests of investors (Clause 3 Article 5 Law on Investment No. 67/2014/QH13 dated November 26, 2014).

Lawful assets of investors shall not be nationalized nor confiscated by administrative measures. Where the State acquires compulsorily or requisitions an asset of an investor for the reason of national defence and security, in the national interest, in emergency circumstances or for prevention of or fighting a natural calamity, such investor shall be compensated or paid in accordance with the law on compulsory acquisition and requisition of assets and other relevant laws (Article 9 Law on Investment No. 67/2014/QH13 dated November 26, 2014).

Assets contributed as capital may be Vietnamese Dong, freely convertible foreign currency, gold, value of land use rights, value of intellectual property rights, technologies, technical know-how and other assets which can be valued in Vietnamese Dong.

Intellectual property rights which are used to contribute capital comprise copyright, copyrightrelated rights, industrial property rights, rights to plant varieties and other intellectual property rights in accordance with the law on intellectual property. Only individuals and organizations who are lawful owners of the above rights have the right to use such assets to contribute capital (Article 35 Law on Enterprise No. 68/2014/QH13 dated November 26, 2014).

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Set up an FDI company in Vietnam using capital contributions in kind ?