- 1 Forms of establishment of foreign-invested companies in Vietnam
- 2 Procedures for setting up a company with foreign capital in Vietnam
- 2.1 Procedures for issuance of Investment Registration Certificate
- 2.2 Procedures for issuance of an Enterprise Registration Certificate after the issuance of an Investment Registration Certificate
- 3 10 Notes on setting up a foreign-owned company
- 3.1 Firstly, in the field of business investment
- 3.2 Second, about Investors
- 3.3 Third, about Investment capital, Charter capital to establish a foreign company in Vietnam
- 3.4 Fourth, about the contribution of investment capital and charter capital after the establishment of a foreign-owned company in Vietnam
- 3.5 Fifth, about choosing an investment location and establishing a company
- 3.6 Sixth, about using the company’s seal
- 3.7 Seventh, about employer
- 3.8 Eighth, about the legal representative
- 3.9 Ninth, on the implementation of tax obligations
- 3.10 Tenth, about the investment project report
Forms of establishment of foreign-invested companies in Vietnam
- Investment to establish a company with foreign capital in Vietnam.
- Investment in the form of capital contribution, purchase of shares, capital contribution from Vietnamese companies.
Procedures for setting up a company with foreign capital in Vietnam
According to the provisions of Article 44, Decree 118/2015 Guiding the implementation of the Investment Law 2014, foreign investors need to carry out the procedures for applying for an Investment Registration Certificate in Vietnam before establishing an enterprise. .
Procedures for issuance of Investment Registration Certificate
According to Article 36 of the 2014 Investment Law, detailing cases where an Investment Registration Certificate is required and not required, specifically as follows:
Investment cases requiring an Investment Registration Certificate
- Investment projects of foreign investors;
- Investment projects of economic organizations: Economic organizations must satisfy the conditions and carry out investment procedures as prescribed for foreign investors when investing in establishing economic organizations; investment, capital contribution, purchase of shares and contributed capital of economic organizations; investment under a BCC contract in one of the following cases:
- There are foreign investors holding 51% or more of the charter capital or the majority of general partners are foreign individuals, for economic organizations that are partnerships;
- Having an economic organization specified in Section 1 holding 51% or more of its charter capital;
- Foreign investors and economic organizations specified in Section 1 hold 51% or more of charter capital.
Investment cases that do not have to carry out the procedures for issuance of an Investment Registration Certificate
- Investment projects of domestic investors;
- Investment projects of foreign-invested economic organizations (not in the case of investment requiring an investment certificate) comply with the investment conditions and procedures prescribed for domestic investors when invest in the establishment of economic organizations; investment in the form of capital contribution, purchase of shares or capital contributions of economic organizations; investment in the form of BCC contract.
- After being granted an Investment Registration Certificate, investors need to prepare documents to set up a business.
- For an investment project subject to an investment policy decision, the investment registration authority shall issue an investment registration certificate to the investor within 5 working days from the date of receipt of the written decision on investment policy. investment.
Procedures for issuance of an Enterprise Registration Certificate after the issuance of an Investment Registration Certificate
- Documents to be prepared:
- Business registration application form;
- Charter of the company;
- List of members or List of founding shareholders and shareholders being foreign investors;
- Copies of the following documents:
- Citizen identification cards, people’s identity cards, passports or other lawful personal identification of members or founding shareholders, shareholders being foreign investors are individuals;
- Establishment decision, business registration certificate or other equivalent documents of the organization and power of attorney; Citizen’s identity card, people’s identity card, passport or other lawful personal identification of the authorized representative of the member being an organization;
- For a member being a foreign organization, a copy of the Certificate of Business Registration or an equivalent document must be consularly legalized;
- Investment registration certificates for foreign investors have been granted in accordance with the Law on Investment.
- Implementation time: 05-07 working days
- Place of implementation: Business registration office where the enterprise’s head office is located
10 Notes on setting up a foreign-owned company
Firstly, in the field of business investment
Second, about Investors
Third, about Investment capital, Charter capital to establish a foreign company in Vietnam
Fourth, about the contribution of investment capital and charter capital after the establishment of a foreign-owned company in Vietnam
Fifth, about choosing an investment location and establishing a company
Sixth, about using the company’s seal
Seventh, about employer
Eighth, about the legal representative
Ninth, on the implementation of tax obligations
Tenth, about the investment project report
A foreign-owned company in Vietnam established under a foreign-invested investment project must strictly and fully comply with the investment project reporting regime, register an account and comply with the project reporting regime. project through the National Investment Portal. Notes on setting up a foreign-owned company ?
Established in 2007, with offices in Hanoi and Ho Chi Minh City, with many years of experience in business and investment, always ready to provide investors with valuable advice. The most valuable and optimal value of the 10 mentioned important contents and many other related contents to be able to establish a foreign company in Vietnam in accordance with the law, make the most of investment incentives and develop more and more. prosperous.
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