9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
.svg)
.svg)
The merger of foreign enterprises into the Vietnamese market presents substantial opportunities but also encounters numerous challenges. Evaluating the merger process in Vietnam requires a thorough understanding of legal regulations, tax requirements, and compliance with local laws. Foreign enterprises must carefully study investment regulations, approval procedures from competent authorities, and the feasibility of integrating corporate culture to ensure success. This not only optimizes the benefits derived from the merger but also minimizes risks and ensures full compliance with legal requirements in Vietnam.
This article has been advised by specialized attorneys at BKC Law.
In the narrow sense, a business merger is a transaction in which one or more enterprises relinquish their legal personality to join another enterprise. The receiving enterprise assumes all assets, rights, legitimate interests, and obligations of the merged enterprise.
Pursuant to Article 201 of the Law on Enterprises 2020, a merger is defined as: One or more companies (hereinafter referred to as the merged company) merge into another company (hereinafter referred to as the receiving company) by transferring all assets, rights, obligations, and legitimate interests to the receiving company, while simultaneously terminating the existence of the merged company.
Regarding enterprise type: Current law does not mandate that merging enterprises must be of the same type. Therefore, enterprises of different types (joint-stock companies, limited liability companies, partnerships) may still proceed with a merger in accordance with the law.
In addition, pursuant to Clause 3, Article 201 of the Law on Enterprises 2020, companies undertaking a merger must ensure compliance with the provisions of the Competition Law 2018 concerning company mergers.
From this, it can be concluded that the condition for a business merger is that the merger must not cause or have the potential to cause significant restrictive effects on competition in the Vietnamese market. There is no requirement that the merged enterprise and the receiving enterprise must be of the same type.
Step 1: Preparation of the dossier.
The dossier includes:
Step 2: The members, owners, or shareholders of the involved companies approve the merger contract and the Charter of the receiving company.
Step 3: The business registration authority updates the legal status of the merged company on the National Enterprise Registration Database and carries out changes to the enterprise registration contents for the receiving company.
In cases where the merged company’s head office is located outside the province or centrally-run city where the receiving company’s head office is situated, the business registration authority at the location of the receiving company’s head office shall notify the business registration authority at the location of the merged company’s head office to update the legal status of the merged company on the National Enterprise Registration Database.
Registration procedure with the licensing authority
Time limit: Within 10 days from the date of completion of the merger
Dossier includes: Pursuant to Clause 2, Article 61 of Decree 01/2021/ND-CP
Submission location: The Business Registration Office where the receiving company has its head office.
Submission methods:
Processing time limit: 03 working days
At BKC Law, we specialize in providing comprehensive support services for merger procedures of foreign enterprises, assisting clients in completing the merger process swiftly and efficiently. Our experienced team of attorneys and experts offers in-depth consultation and execution of legal procedures related to mergers, from dossier preparation and legal due diligence to completing registration procedures and ensuring compliance with the requirements of competent authorities. With dedicated and professional support from BKC Law, clients can rest assured that the merger process will proceed smoothly and in full compliance with the law, while maximizing benefits for their enterprise.
Contact our attorneys today for free consultation and begin addressing your legal matters promptly and effectively!
Phone: 0901 3333 41
Email: info@bkclaw.vn
Office in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Office in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
Not found
0 (0) Foreign businesses wishing to do business in Vietnam must satisfy specific conditions prescribed by investment and commercial laws....
0 (0) In the context of profound international economic integration, Vietnam continues to be one of the most attractive investment...
0 (0) Vietnam Entry Visa (Entry Visa) Service for Chinese Nationals provides a fast and convenient solution for Chinese citizens...
0 (0) Establishing a company with Japanese capital in Vietnam offers numerous attractive business opportunities and serves as a solid...
0 (0) E-Commerce Business License is a mandatory requirement for individuals and organizations to legally operate in the field of...
0 (0) Procedure for Establishing a Chinese Company in Vietnam requires foreign investors to comply with Vietnamese legal regulations. Vietnam...
0 (0) When deciding to invest and establish a Chinese company in Vietnam, foreign investors must thoroughly understand the legal...
0 (0) The procedure for applying for an entry visa to Vietnam for Chinese citizens is a critical process to...
0 (0) Currently, There are many cases of transferring land and houses that are mortgaged at the bank. However, not...
0 (0) Grounds for Exemption from Criminal Liability According to Article 29 of the Criminal Code 2015 (as amended in...
0 (0) Based on the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Children....
0 (0) Commercial disputes are inevitable issues in the daily business operations of enterprises. When disputes between the parties cannot...
0 (0) Currently, Vietnam is evaluated as a country with a dynamic economy, high growth, and deep, strong integration into...
0 (0) I. Types of Divorce in Vietnam Mutual Consent Divorce: This is the case where both husband and wife...
0 (0) Enterprise Legal Consultation Services in Binh Tan District can provide in-depth legal support for businesses operating in this...
0 (0) What is Divorce? Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014: “Divorce...
0 (0) Litigation attorney services in Binh Tan District aim to support clients in safeguarding their legitimate rights and interests...
0 (0) Criminal defense attorney services in Binh Tan District are increasingly in demand, as within a dynamic city like...
0 (0) Resolving land disputes in Binh Tan District, Ho Chi Minh City, is a complex and sensitive issue in...
0 (0) In the context of a rapidly developing economy, legal consultation services for commercial contract disputes in Binh Tan...
0 (0) Currently, inheritance consultation services in Ho Chi Minh City assist clients in properly planning their inheritance to ensure...
0 (0) In the context of a rapidly developing economy, legal consultation services for real estate procedures in Binh Tan...
0 (0) In the context of a rapidly developing economy, legal consultation services for enterprises in Binh Tan District are...
0 (0) Legal consultation services in Binh Tan District assist clients in resolving complex legal issues, ranging from advisory services...
0 (0) Attorneys specializing in inheritance consultation play a crucial role in assisting and guiding clients through legal issues related...
0 (0) Legal services for foreigners in Ho Chi Minh City are increasingly developed, as it is regarded as Vietnam’s...
0 (0) In Ho Chi Minh City, legal services for foreigners are increasingly developed, as it is regarded as Vietnam’s...
0 (0) In the context of globalization and increasing international economic cooperation, investment law plays a crucial role in shaping...
0 (0) In the context of globalization and increasing international economic cooperation, investment law plays a crucial role in shaping...
0 (0) In Ho Chi Minh City, APEC card application services are provided by numerous professional and reliable entities, enabling...
0 (0) The dissolution of a foreign-invested enterprise is a complex process that requires careful consideration. The decision to dissolve...
0 (0) The establishment of branches of foreign companies in Vietnam has opened significant opportunities for business development within the...
0 (0) Fast-track unilateral divorce refers to one spouse requesting termination of the marriage without the consent of the other,...
0 (0) The current personal income tax (PIT) situation for foreigners in Vietnam is relatively clear, with specific regulations outlined...
0 (0) The cost of hiring a lawyer for comprehensive land law consultation is a matter of significant interest to...
0 (0) Disputes arising from land use rights transfer contracts often occur due to disagreements between the parties regarding contract...
0 (0) Transfer of shares by foreign investors in Vietnam requires strict compliance with legal regulations regarding ownership ratios and...
0 (0) When deciding to dissolve the representative office of a foreign company in Vietnam, this is not only a...
0 (0) Fast-track divorce is the termination of the marital relationship pursuant to a legally effective judgment or decision of...
0 (0) When a foreign-invested company decides to change or supplement its investment business lines, this transition is not only...
0 (0) In the context of rapid socio-economic development, the termination of foreign investment projects in Vietnam marks an important...
0 (0) Work Visa for Foreigners in Ho Chi Minh City offers valuable opportunities for foreigners seeking a career in...
0 (0) In the modern era of globalization, obtaining a work permit for foreign workers is a mandatory requirement to...
0 (0) When an enterprise or organization wishes to continue employing foreign workers, extending the work permit is an essential...
0 (0) In the context of rapid economic development, the need to register foreign loans in 2024 has become increasingly...
0 (0) In modern society, the need for legal services has become more widespread than ever. Hiring a lawyer is...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a criminal case...
0 (0) In today’s challenging business environment, the service of a dedicated corporate lawyer has become an indispensable tool for...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a land dispute...
0 (0) In the context of rapid socio-economic development, the need to convert the land use purpose of a project...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a civil case...
0 (0) In the context of rapid socio-economic development in Ho Chi Minh City, resolving internal enterprise disputes has become...
0 (0) Establishing a media company with foreign capital in Vietnam has become more attractive than ever, especially amid globalization...
0 (0) Establishing a construction company with foreign capital in Vietnam requires strict compliance with a series of legal conditions...
0 (0) In the context of socio-economic development, resolving labor contract disputes has become increasingly common, affecting the rights of...
0 (0) In the context of deepening global economic integration, remitting profits from Vietnam abroad by foreign investors has become...
0 (0) Establishing a logistics company with foreign capital in Vietnam has become an attractive trend for international investors. With...
0 (0) Establishing a real estate company with foreign capital in Vietnam is a complex process. With the rapid development...
0 (0) In the context of rapid urban development and increasing land use demand, land disputes have become a common...
0 (0) Establishing a technology company with foreign capital in Vietnam has become an attractive trend amid the context of...
0 (0) The procedure for dissolving a branch of a foreign company in Vietnam is an important process to ensure...
0 (0) Outward investment has become a crucial strategy in the context of deepening globalization. Many enterprises, from small to...
0 (0) With Vietnam’s rapidly developing economy and increasingly attractive investment environment, the country has drawn significant interest from foreign...
0 (0) Establishing a company in the United States is not only an important step in the entrepreneurial journey but...
0 (0) Establishing a company in Canada not only offers attractive business opportunities but also opens the door to one...
0 (0) Establishing a company in Singapore has become an attractive option for many entrepreneurs and investors due to its...
0 (0) Establishing a Company in Hong Kong has long been renowned as a leading financial and commercial hub in...
0 (0) Establishing a branch of a foreign-invested company in Vietnam requires meeting numerous detailed conditions and procedures to ensure...
0 (0) In the context of rapid globalization and increasingly fierce competition, increasing the charter capital of a foreign-invested company...
0 (0) In the context of rapid globalization and increasingly fierce competition, adding business lines for foreign-invested companies has become...
0 (0) In the context of rapid globalization and increasingly fierce competition, changing the name of a foreign-invested company is...
0 (0) Change of Principal Office Address for Foreign-Invested Companies is becoming increasingly common in the context of rapid economic...
0 (0) Establishment of a Chinese Company in Vietnam has become a growing trend as an increasing number of Chinese...
0 (0) Handwritten Divorce Petition can serve as a legal document used when one or both spouses wish to terminate...
0 (0) Conversion of a Vietnamese Company into a Foreign-Invested Company is a complex process that offers numerous opportunities for...
0 (0) Transfer of Agricultural Land to Residential Land is one of the legal procedures that many people are interested...
0 (0) Transfer of Red Book (Land Use Right Certificate), also known as transfer of land use rights and ownership...
0 (0) Transfer of Agricultural Land Use Rights is one of the important legal procedures aimed at transferring land use...
0 (0) Before initiating a land dispute lawsuit, it is essential to have a clear understanding of the relevant legal...
0 (0) Division of Inheritance Without a Will is the legal process for distributing the estate of a deceased person...
0 (0) Division of Inheritance by Will is an important aspect of civil law, reflecting the personal will of the...
0 (0) Inheritance Disputes in Ho Chi Minh City represent one of the most complex legal issues, as this metropolitan...
0 (0) Procedures for Division of Inheritance constitute an important legal process that ensures the equitable distribution of a deceased...
0 (0) Procedures for Receiving Inheritance constitute an important legal process that requires a thorough understanding of the law to...
0 (0) Procedures for Receiving Inherited Assets in Ho Chi Minh City constitute an important legal process directly concerning the...
0 (0) A professional land law consultant lawyer will help clients clearly understand their rights and obligations while providing effective...
0 (0) Credit Contract Disputes are a common issue in the financial sector, arising from disagreements between the lender (banks...
0 (0) In civil transactions, disputes over loan of property are inevitable, particularly when the parties fail to comply with...
0 (0) In Ho Chi Minh City, specifically Inheritance Disputes in Binh Tan District represent a frequently encountered legal issue,...
0 (0) Resolution of Land Disputes in Binh Tan District is a matter of significant concern amid the rapid urbanization...
0 (0) <em><span id=”cke_bm_306S”> </span><strong>Resolution of Disputes Arising from Condominium Purchase and Sale in Binh Tan District</strong> is a prevalent legal...
0 (0) Currently, in Ho Chi Minh City, will drafting services are increasingly in demand to meet the growing need...
0 (0) Drafting a Will is a crucial step to protect your rights and those of your family, while ensuring...
0 (0) Investing in Industrial Parks in Vietnam has emerged as an attractive opportunity for both domestic and foreign investors....
0 (0) Declaration of Inheritance is an important legal procedure that confirms ownership rights to assets inherited by heirs following...
0 (0) Will Drafting Services provide a professional solution to express your wishes and legally protect your assets. Drafting a...
0 (0) The law office specializing in land law consultation is a provider of professional and dedicated legal services to...
0 (0) Conditions for Establishing a Foreign-Invested Company in Vietnam encompass the legal requirements and procedures that investors must comply...
0 (0) The law office services in Binh Tan District aim to support clients in ensuring their legal rights and...
0 (0) In recent years, with an increasingly improved business environment and more comprehensive investment support policies, Vietnam has become...
0 (0) A professional and highly experienced team of attorneys specializing in corporate law consultation services in Binh Tan District...
0 (0) Vietnam is currently attracting significant interest from foreign investors establishing companies in the country, thanks to its growing...
0 (0) Investment consulting services in Vietnam are increasingly affirming their essential role in supporting investors—from individuals to organizations—in achieving...
0 (0) Divorce is a complex process that often causes significant stress for the parties involved. Fast divorce services provided...
0 (0) The attorney retainer fee for initiating a lawsuit typically ranges from VND 1,000,000 to VND 5,000,000 per case....
0 (0) The land law consulting office provides professional and dedicated legal services for all clients. With a team of...
0 (0) When confronting inheritance matters, understanding the fees for engaging a professional inheritance attorney is essential to safeguarding your...
0 (0) The outbound investment advisory service has become an indispensable component in today’s context of global economic integration. With...
0 (0) Establishing a Chinese company in Vietnam is becoming a trend as more and more Chinese investors see the...
41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41