Strictly regulate the use of idle capital and investments in credit institutions

ANH HUY |

Decree No. 210/2025/ND-CP expands a number of conditions such as providing clearer and stricter regulations on the use of idle capital and investments in credit institutions.

Creative small and medium-sized enterprises are small-scale or medium-sized enterprises according to the provisions of law (on capital, revenue and labor).

Especially newly established enterprises that are in the start-up phase. Operating based on new, innovative, creative business ideas, often using new technology or new business models.

With the potential for rapid growth, creating a breakthrough in the operating industry.

In fact, small and medium-sized enterprises and creative startups often tend to apply new technology and new business models, helping to stimulate innovation in the entire business ecosystem. They play a role as a bridge between research and practical application, especially in fields such as AI, Fintech, high-tech agriculture, etc.

Recently, the Government issued Decree No. 210/2025/ND-CP amending and supplementing a number of articles of Decree No. 38/2018/ND-CP detailing investment for small and medium-sized enterprises to start up creative enterprises.

The new Decree amends Article 5 of Decree No. 38/2018/ND-CP on creative startup investment funds in the direction of expanding a number of conditions.

Accordingly, the type of assets contributed capital (added capital by intellectual property rights, technology, technical secrets) and investment forms (conversion tools, share purchase rights); at the same time, more clear and strict regulations on the use of idle capital and investments in credit institutions are provided.

Decree No. 210/2025/ND-CP clearly states that the creative startup investment fund does not have legal status, with 02 to a maximum of 30 investors contributing capital established on the basis of the fund's charter. The Creative Startup Investment Fund is not allowed to contribute capital to other creative startup investment funds.

Assets contributed can be in Vietnamese Dong, land use rights, intellectual property rights, technology, technical secrets and other assets can be valued in Vietnamese Dong.

The Decree also clearly states that creative startup investment funds are allowed to use idle capital from investors' contributions to deposit money for a term or buy deposit certificates at credit institutions according to the provisions of law but must ensure capital safety.

Fund management companies are only allowed to deposit money and buy deposit certificates at credit institutions approved by the Fund Representative Board.

All capital contributions and assets of investors in the fund must be accounted for independently of the capital and assets of the company managing the fund.

Investors contributing capital to establish a fund must agree on the authority to decide on the portfolio of investment activities and this content must be stipulated in the Fund Charter and the contract with the company managing the fund (if any).

In addition, Decree No. 210 also amends Article 15 of Decree No. 38/2018/ND-CP on the procedure for notifying the dissolution of the fund.

In which, it adds the form of online application submission and clearly stipulates the responsibility to provide periodic information to investors and provincial-level business registration agencies for monitoring and supervision throughout the process of dissolving and liquidating assets.

Decree 210/2025/ND-CP takes effect from September 15, 2025.

ANH HUY
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