According to Point a, Clause 1, Article 4 of the Ordinance on Foreign Exchange No. 28/2005/PL-UBTVQH dated December 13, 2005, of the National Assembly Standing Committee, a foreign currency is “the currency of another country or the common currency of the European Union.” Europe and other common currencies used in international and regional payments”.
Clause 23, Article 3 of the Law on Investment 2020 stipulates: “Investment capital is money and other assets as prescribed by civil law and international treaties to which the Socialist Republic of Vietnam is a signatory to conduct business investment activities”.
In addition, Clause 1, Article 34 of the Vietnam Enterprise Law 2020 stipulates: “The assets contributed as capital is Vietnam Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, secrets. technical decisions, other assets that can be valued in Vietnam dong”.
In addition, Clause 1, Article 4 of Circular No. 06/2019/TT-NHNN dated June 26, 2019, of the State Bank of Vietnam guides foreign exchange management for foreign direct investment activities in Vietnam. Vietnam stipulates as follows:
“1. Foreign investors and Vietnamese investors may contribute investment capital in foreign currencies or Vietnam dong according to the level of capital contributed by investors in the Investment Registration Certificate, Establishment License and operating in accordance with specialized laws (for foreign direct investment enterprises established and operating under specialized laws), Notification of satisfaction of conditions for capital contribution, share purchase, buy back the capital contribution of the foreign investor, the PPP contract signed with the competent state agency, and other documents proving that the foreign investor’s capital contribution is in accordance with the provisions of law.
Pursuant to the above provisions, foreign investors and Vietnamese investors may contribute investment capital in foreign currency or in Vietnam dong according to the amount of capital contributed by the investor in the Investment Registration Certificate, License for establishment and operation in accordance with specialized laws (for foreign direct investment enterprises established and operating under specialized laws).
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