According to the provisions of Article 6 of Circular 06/2019/TT-NHNN, the direct investment capital account is used to collect and spend activities such as transferring capital, receiving and paying foreign loans, transferring profits and other sources of income. lawful revenue in foreign currency from foreign direct investment activities in Vietnam by foreign investors abroad, etc.
According to the provisions of Clause 1, Article 5 of Circular 06/2019/TT-NHNN, a foreign-invested company must open direct investment capital in the following cases:
a) Enterprises established in the form of investment to establish economic organizations, in which foreign investors are members or shareholders, and must carry out the procedures for issuance of an Investment Registration Certificate according to regulations. of the law on investment;
b) Enterprises other than those specified at Point a with foreign investors owning 51% or more of the enterprise’s charter capital, including:
(i) Enterprises in which foreign investors contribute capital, purchase shares, or contribute capital to the enterprise (operating in conditional or unconditional investment and business lines, applicable to investors); foreign resulting in foreign investors owning 51% or more of the enterprise’s charter capital;
(ii) The enterprise is established after the separation, merger or consolidation resulting in foreign investors owning 51% or more of the charter capital of the enterprise;
(iii) Newly established enterprises in accordance with specialized laws;
c) Project enterprises established by foreign investors to implement PPP projects in accordance with the law on investment.
d) Foreign investors participating in BCC contracts, foreign investors directly implementing PPP projects in case a project enterprise is not established.
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