Source of Funds Issues for Vietnamese Investors

This guide provides a list of documents generally required for the I-526 Source of Funds Analysis. Because each case is unique and presents different facts and circumstances, the list below is only intended to offer guidance on the majority of documents required, and is in no way representative of all documents required. At a minimum, the documents below should be provided for each case.

Biographical Information Required for All Cases for Investor/Spouse/Children:

• Passport biographic page
• Birth certificate
• Marriage certificate
• Curriculum vitae
• Academic credentials / diplomas
• Evidence of payment of personal income taxes for past seven years
• Salary confirmation
• Employment confirmation
• If own business: business registration and evidence business taxes paid for past 5 years
• Educational degrees, diplomas, and/or certificates

Source of Funds Resulting from Sale of Property:

Show where the investor earned the funds used to purchase the property.

• Contract for Purchase of Land showing investor's purchase of property.
• Contract for Sale of Property showing investor listed as seller, amount of sale, and buyer.
• Evidence taxes paid on sale of property by investor or buyer.
• If property was mortgaged, provide evidence of the amount of the mortgage outstanding.
• Deposit slip(s) for payment of sale proceeds from buyer to seller (investor).
• Investor's bank account statement showing deposits in account.

Source of Funds Resulting from Home Equity Loan:

Show where the investor earned the funds used to purchase the property.

• Contract for Purchase of Land showing investor's purchase of property.
• Appraisal Report showing value of property.
• Mortgage contract.
• Loan / credit contract with bank, showing: loan amount, and loan term.
• Deposit / transfer of the loan funds from the bank to the investor.
• Investor's bank account statement showing deposits in account.

Source of Funds Resulting from Shareholder Profit Distribution:

Show where the investor earned the funds used to purchase the shares of stock.

• Business registration.
• Evidence the company has paid taxes for the past seven years.
• Marketing materials for the company; contracts entered into by the company to show active and ongoing business.
• Audited financial statements for the past five years.
• Shareholders' agreement, showing investor's percentage of ownership and any subsequent changes to the agreement.
• Board vote / board approval for the company to make a profit distribution.
• Evidence the company paid requisite taxes relating to a profit distribution.
• Deposit slips from the company's bank account to the investor's bank account relating to profit distribution.
• Bank statement from investor's bank account showing receipt of funds from profit distribution.

Source of Funds Resulting from a Gift:

• A gift agreement between the parties.
• Evidence that appropriate gift taxes have been paid; if no tax is required to be paid, provide a letter of authority explaining why payment of tax is not required.
• Same evidence required as described above, except the source of funds for the giftor must be proven.
• Giftor's withdrawal of funds to be gifted from bank account.
• Giftor's transfer of funds to be gifted / deposit slips to investor.
• Bank account statement for investor showing receipt of gifted funds.

Source of Funds Resulting Salary, Income, or Savings:

• Letter from employer on company letterhead, with contact information, confirming the following details:
  • Dates of employment
  • Position / Title
  • Annual salary
  • Bonuses received
• Pay stubs and bonus stubs from employer.
• Tax returns for seven years showing payment personal income taxes.
• Tax receipts.
• Bank statements for five years showing accumulation of income.

Path of Funds Materials:

• Agreement with third-party money transfer agent.
• Money transfer agent's licensure from third country.
• Materials supporting the collection of funds in Vietnam by the money transfer agent's lawful employee or representative.
• Bank transfer records showing transfer of funds from the money agent to the escrow for the benefit of the investor.