TIN & PARTNERS · OUTBOUND INVESTMENT SUPPORT
Investing beyond Vietnam. Building the legal foundation at home.
Expanding overseas creates new opportunities for Vietnamese businesses and investors. Whether establishing a foreign subsidiary, acquiring an overseas company or entering a joint venture, international investment requires careful consideration of investment structures, funding arrangements, regulatory requirements and ongoing obligations.
An overseas investment is governed by more than the laws of the destination country. Vietnamese investors must also consider Vietnam’s outward investment regulations, foreign exchange requirements, capital transfers and reporting obligations. These requirements need to be aligned with the proposed overseas structure and implementation plan.
At Tin & Partners, we help Vietnamese investors structure and implement overseas investments from the Vietnam legal perspective. We assess investment plans, advise on regulatory requirements, coordinate documentation and banking arrangements, and work with qualified local advisers where foreign legal support is required.
Our involvement may cover the entire legal process in Vietnam or a specific part of the investment, depending on the client’s needs.
INVESTMENT OBJECTIVES
Different investment plans. Different legal considerations.
Establishing an overseas presence
When you plan to build operations abroad.
- Establishing an overseas subsidiary Coordinate Vietnam-side investment matters with the proposed overseas structure.
- Opening a branch or representative office Clarify the intended presence and coordinate with advisers in the destination market.
- Developing an overseas investment project Review the project outline, investment documents and Vietnam-side requirements.
- Expanding production or commercial operations Connect the expansion plan with investment scope and local adviser input.
- Funding overseas business activities Review the funding plan and documents for the Vietnam-side investment process.
Investing in an existing business
When you plan to invest in an existing overseas business.
- Acquiring shares in a foreign company Review the proposed share acquisition and Vietnam-side investment implications.
- Investing in an overseas business Clarify the investment terms and coordinate the relevant workstreams.
- Entering a joint venture Review the proposed partnership structure and allocation of responsibilities.
- Increasing an existing investment Identify changes to the existing investment and supporting records.
- Restructuring overseas ownership or investments Review the proposed reorganisation with the relevant overseas advisers.
OUR APPROACH
We align your investment plans with the legal requirements in Vietnam and the destination country.
An overseas investment must be workable under both Vietnam’s regulatory framework and the requirements of the destination country. Differences in investment conditions, corporate structures, capital arrangements and implementation procedures can affect how and when an investment proceeds.
We begin by understanding the investor’s objectives, proposed structure, destination and funding arrangements. From there, we assess the requirements in Vietnam, identify potential legal and practical issues, and coordinate the necessary steps with banks, authorities and qualified advisers in the destination country.
Tin & Partners can lead the legal work in Vietnam throughout the investment or support a defined workstream, working alongside the investor’s management team, financial advisers and overseas legal counsel.
Our Work May Include
- Investment Assessment & Legal Advice: Review the proposed overseas investment, investor eligibility, investment objectives, funding sources and applicable Vietnam legal requirements.
- Investment Structuring & Planning: Advise on the Vietnamese legal implications of the proposed investment structure, capital contribution arrangements, regulatory conditions and implementation sequence.
- Outbound Investment Registration: Prepare and handle applications for Outward Investment Registration Certificates, amendments and other applicable Vietnam regulatory procedures.
- Corporate & Investment Documentation: Prepare and review corporate resolutions, investment decisions, supporting agreements and other documents required for investment procedures in Vietnam.
- Banking & Capital Transfer Coordination: Work with banks and relevant parties on investment capital accounts, foreign exchange requirements, supporting documentation and overseas capital transfers.
- Overseas Legal Coordination: Coordinate with qualified lawyers and professional advisers in the destination country regarding local incorporation, investment conditions, licensing and other foreign legal requirements.
- Ongoing Compliance & Investment Changes: Advise on reporting obligations in Vietnam, investment amendments, additional capital contributions, profit repatriation and other continuing regulatory requirements.
Support for the entire investment or a defined workstream.
We can manage the legal work in Vietnam throughout your overseas investment or provide support for a specific workstream alongside your existing advisers.