I. Legal Basis

• The Investment Law 2020
• The Procurement Law 2023
• Decree 31/2021/ND-CP

II. Conditions for Transferring an Investment Project

According to Clause 1, Article 46 of the Investment Law 2020, the conditions that investors need to meet in order to transfer all or part of an investment project to another investor are as follows:

• The investment project or the part of the project being transferred is not terminated.
• The foreign investor receiving the investment project or part of the project must meet the conditions for market access for foreign investors, ensure national defense and security, and comply with land law regulations.
• Conditions under land law when transferring an investment project associated with land use rights and assets attached to the land.
• Conditions under housing law and real estate business law when transferring an investment project for housing construction or real estate projects.
• Conditions specified in the investment approval documents and the investment registration certificate.

Additionally, according to Clause 2, Article 76 of the Procurement Law 2023, when transferring an investment project, the investor must meet the following conditions:

• The transfer must be approved by the competent authority.
• The receiving investor must have the technical and financial capacity to implement the investment project.
• The receiving investor must commit to inheriting all the rights and obligations of the transferring party according to the investment project contract.

III. Conditions for the Receiving Investor

• Legal Capacity: The receiving investor must have the legal capacity to exercise the rights and fulfill the obligations arising from the transfer of the project.
• Financial Capacity: The receiving investor must have sufficient financial capacity to continue implementing the project.
• Technical Capacity: The receiving investor must have sufficient technical capacity to manage and operate the project.
• Other Conditions: The receiving investor may need to meet additional conditions as required by law or by competent authorities.

IV. Administrative Procedures

• Notification to Competent Authorities: The investor must notify the relevant government agency about the transfer of the project.
• Adjustment of Investment License: The competent authorities will adjust the investment license to reflect the transfer.
• Other Procedures: Depending on the specific case, other administrative procedures may be required.

About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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