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What are the conditions to transfer an investment project?

An investor may transfer a whole or part of an investment project to another if the following conditions are satisfied:

    • The investment project or part of the investment project that is being transferred has not been terminated in accordance with Article 48.1 and Article 48.2 of the 2020 Law on Investment;
    • The foreign investor receiving the investment project or part of the investment project must satisfy the conditions set out in Article 24.2 of the 2020 Law on Investment;
    • The conditions set forth in the law on real estate are complied with if the transfer of an investment project is associated with transfer of land use rights or assets attached to land;
    • The conditions set forth in the laws on residential housing and on real estate business are complied with when transferring a residential housing construction project or real estate project;
    • The conditions set forth in the written approval for the investment policy or the investment registration certificate or in accordance with other relevant legal regulations (if any); and
    • Upon transfer of an investment project, in addition to compliance with the above-mentioned conditions, a state-owned enterprise shall comply with the law on management and use of state capital invested in the manufacturing and business activities of enterprises before making any adjustment to the investment project.

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