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The foreign ownership cap in public companies is regulated mainly by the Law on Securities (LOS), the Law on Investment (LOI), and their implementing regulations. In an effort to innovate the investment environment, draft amendments of the aforementioned laws have been proposed to the National Assembly for discussion in order to, among other things, address foreign ownership issues in public companies, including those discussed herein.
On June 26 2019 the State Bank of Vietnam issued Circular 06/2019/TT-NHNN on foreign exchange control of foreign direct investment (FDI) activities in Vietnam (Circular 06). It replaced Circular 19/2014/TT-NHNN (Circular 19) and amended certain articles in Circular 05/2014/TT-NHNN on the opening and use of foreign indirect investment capital accounts, and in Circular 16/2014/TT-NHNN on the use of foreign currency and Vietnamese Dong (VND) accounts for residents and non-residents. The issuance of Circular 06 has led to some important regulatory changes relating to the foreign exchange control of FDI activities in Vietnam.