29/10/2025
In market economy, Capital mobilization is the lifeblood of businesses and the entire economy..
However, in Vietnam, this phrase is often associated with negative concepts such as "financial pyramid schemes", "fraud" or "illegal fundraising".
This misunderstanding not only distorts the image of genuine businesses but also hinders the flow of innovative capital.
According to Enterprise Law 2020All economic organizations have the right to contribute capital, mobilize capital, issue shares or bonds to serve production and business.
Businesses can call for investment through:
That is, businesses are allowed to raise capital as long as they are transparent, disclose risks and use capital for the right purposes.
Fundraising is considered only as illegal or criminal when there are the following signs:
The above acts may be handled according to Decree 88/2019/ND-CP, Law on Credit Institutions, or Articles 174 and 217a of the 2015 Penal Code (amended 2017).
The most common misconception today is that all investment solicitation activities are considered as “illegal money collection”. In fact, these two concepts completely different:
Only allowed to be performed by banks and credit institutions, licensed by State Bank.
This is the form receive money and commit to pay principal + fixed interest, of a nature credit – borrowing.
Is the activity of business, investment fund or project to expand production, develop business, or share profits with investors.
Capital contributor not the depositor, which is investment partners, share risks and profits according to business results.
Deposit mobilization is within the scope of banks, while capital mobilization is within the scope of enterprises.
Understanding this boundary correctly helps to distinguish between financial innovation and lawbreaking.
Raising capital is not a crime.,But abuse of trust, promises of false profits, misuse is the violation.
Businesses need to understand the law to do the right thing, investors need to understand the law to choose the right thing, and society needs to understand the law so as not to kill creativity with blind fear.
Category:
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