Now, Mr. Kim HK has transferred his entire contributed capital (2.83% of charter capital) in the Company to Ms. Kim SK. Investor JM has transferred a part of his contributed capital corresponding to the rate of 65.67% of charter capital in the Company to Ms. Kim SK.

After the transfer, the charter capital contribution rate of JM investors is 28.15%; Kim SK's is 71.85%.

Mr. Nguyen Tu Linh (Binh Duong) asked, is J Vietnam Co., Ltd. required to carry out procedures for registration of capital contribution, purchase of shares or capital contribution to economic organizations by foreign investors?

The Ministry of Planning and Investment responded to this issue as follows:

Clause 2, Article 26 of the Law on Investment 2020 stipulates that foreign investors shall carry out procedures for registration of capital contribution, purchase of shares or purchase of contributed capital of an economic organization before changing members or shareholders if they belong to one of the following groups: in the following cases:

- The contribution of capital, purchase of shares, purchase of contributed capital increases the foreign investors' ownership ratio in economic organizations engaged in business lines and trades with conditional market access for foreign investors;

- The contribution of capital, purchase of shares, purchase of contributed capital results in the holding of more than 50% by foreign investors and economic organizations specified at Points a, b and c, Clause 1, Article 23 of this Law charter capital of economic organizations in the following cases: Increasing the percentage of foreign investors owning charter capital from less than or equal to 50% to over 50%; increase the rate of ownership of charter capital of foreign investors when foreign investors already own more than 50% of charter capital in economic organizations;

- Foreign investors contribute capital, purchase shares or purchase capital contributions from economic organizations with land use right certificates in islands and border communes, wards and townships; coastal communes, wards and towns; other areas affecting national defense and security.

Dossier, order and procedures for investment in the form of capital contribution, share purchase, purchase of contributed capital is specified in Article 66 of Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government regulating detailing and guiding the implementation of a number of articles of the Investment Law.

According to Chinhphu.vn (Government Newspaper)