Can my company be 100% foreign-owned?

Yes, a company in Vietnam can be 100% foreign-owned in selected sectors.

What is the minimum number of shareholders required for a Vietnam company?

A Vietnam company requires a minimum of two shareholders.

Is a Vietnam company required to submit an annual tax return and/or financial statement?

All foreign company in Vietnam are obliged to submit an annual return and are required to have their financial statements audited annually.

What is the minimum number of directors required for a Vietnam company?

Under statutory regulations, a Vietnam company requires a minimum of one director.

What factors should a foreign investor consider in deciding whether to choose a JV (Partly foreign-owned LLC (The Vietnam joint venture company)?

The two main factors that lead a foreign investor to choose a JV are:

(i) some business sectors in Vietnam require a JV to establish a commercial presence in Vietnam; and
(ii) the Vietnamese party has a key asset, local know-how and knowledge, or other factors that make the JV the preferred choice.

For example, in real estate development projects, the Vietnamese party usually has the land use rights, which by law cannot be directly transferred to a foreign investor, but may be contributed into a JV.

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