Setting up a company for foreigners in TP HCM

TP. HCM is one of the leading investment attraction provinces in Vietnam. Many foreign investors appreciate the dynamic investment environment and flexible mechanism for foreign investment in TP HCM. Therefore, in recent years, the foreign investment economy here has had a positive transformation, foreign investment has increased in both quantity and quality. One of the investment forms preferred by Setting up a company for foreigners in TP. HCM

Conditions for setting up a company for foreigners in TP. HCM

When establishing a company, investors need to meet many prescribed conditions, especially foreign investors. In addition to the general conditions for establishing a company in TP. HCM such as the company name must not be the same, the head office address must be detailed and clear, the legal representative is not prohibited, etc., foreign investors need to meet the following conditions to be able to establish a company in TP. HCM. Setting up a company for foreigners in TP HCM:
  • Having the financial ability to carry out the investment project, which is shown by confirming the balance at a bank account or savings book bearing the investor’s name…
  • Ensure the location of the investment project such as land lease contract, house lease, land use right certificate, construction permit, etc.
  • Business investment lines in accordance with Vietnamese law;
  • Having a suitable company profile according to regulations.
  • Some other conditions vary on a case-by-case basis.

Setting up a company for foreigners in TP HCM

Procedures for setting up a company for foreigners in TP. HCM

According to the provisions of the Law on Investment of Vietnam, to establish a company in TP. HCM, investors must be granted an investment certificate first, and then carry out the procedures for applying for an enterprise registration certificate. company activities. So how are these procedures done?

Procedures for applying for investment certificates for foreigners in TP. HCM

Step 1: Prepare documents to apply for investment certificates for foreigners in TP. HCM

  • To be granted an investment certificate in TP. HCM, it is necessary to prepare a dossier with all the following documents:
  • A written request for implementation of an investment project (made according to the form);
  • A copy of the personal certification of the investor being an individual; a copy of the Certificate of Establishment or an equivalent document for institutional investors;
  • Proposing investment projects with full contents in accordance with the provisions of Vietnamese law;
  • Other documents and papers depending on each specific case.

Step 2: Submit application for investment certificate for foreigners in TP. HCM

  • Fully prepared documents must be submitted to the investment registration agency for issuance of the Investment Registration Certificate.
  • If the investment location is located outside the Industrial Park, Export Processing Zone, etc., it shall be submitted to the Department of External Economic Relations of the Department of Planning and Investment of  TP. HCM. In case the investment location is located in an industrial park, an export processing zone, etc., it shall be submitted to the Economic Zone Management Board of TP. HCM province.

>>>> See more: Notes on setting up a foreign-owned company >>>>

Step 3: Get investment certificate for foreigners in TP. HCM

After 15 working days, a valid investment certificate application will be granted a license. In case it is necessary to amend or supplement, the dossier-receiving specialist will guide the amendment. In case of refusal to grant a license, the business registration agency will give a written reply clearly stating the reason for investors to know.

Procedures for applying for an enterprise registration certificate in TP. HCM

Step 1: Prepare an application for setting up a company for foreigners in TP. HCM

Once you have applied for an investment certificate, prepare a company establishment dossier with the following documents:
  • A copy of the issued investment certificate
  • Application for registration of company establishment;
  • Charter of the company with full contents as prescribed;
  • List of founding members/shareholders (depending on the type of company to be established);
  • Copies of valid personal identification papers of foreign investors and other individuals contributing capital or buying shares;
  • For a member being a foreign organization, a copy of the Certificate of Business Registration or an equivalent document must be consularly legalized;
  • Other documents depend on each specific case.

Step 2: Submit an application for a business registration certificate in TP. HCM

The company establishment dossier is submitted at the Business Registration Office – Department of Planning and Investment of  TP. HCM province. The specialist receives the application and returns the receipt to the date of receipt of the results.

Step 3: Get the result of company establishment in TP. HCM

Within 03 working days from the date of receipt of the application, if the application file is valid, the enterprise registration certificate will be issued. In case the dossier has to be amended, supplemented or rejected, there will be a written reply from the Business Registration Office for investors to know.

Things to do after setting up a company for foreigners in TP HCM

Foreign companies after being established will also have to perform the same contents as companies with 100% Vietnamese capital. There are many cases where the license is granted, but the investors only focus on production and business activities without paying attention to the post-establishment contents, causing the company to be fined, which is very unfortunate.
After setting up a company in TP. HCM, investors should note the following:
  • Engraving and announcing the use of the company’s seal sample in TP. HCM;
  • Open the company’s bank account to contribute investment capital and pay license fees, taxes and other fees;
  • Notify the bank account with the Department of Planning and Investment of TP. HCM province;
  • Making investment capital contribution on schedule;
  • Submit the license fee declaration to the company in TP. HCM;
  • Prepare necessary conditions, apply for a sub-license if the company has conditional business activities.

Setting up a company for foreigners in TP HCM

Company establishment service for foreigners in TP. HCM

Establishing a company for foreigners in TP. HCM is a difficult and time-consuming procedure. There are many cases where investors carry out the procedures by themselves, but because they have not thoroughly understood the provisions of Vietnamese law on this issue, they cannot do it or have to amend the dossier many times, which takes a lot of time. time and cost as well as effort.
Choosing a companion consulting unit to support the procedures for applying for an investment certificate and establishing a company in TP. HCM is always the first and wise choice for foreign investors. As a reputable and professional consulting unit in TP  HCM, we commit to:
  • Accurate and comprehensive advice for investors;
  • Minimizing costs and risks incurred by investors due to lack of understanding of Vietnam’s regulations on investment;
  • Prepare documents quickly and accurately;
  • Handing over the results on time as committed;
  • There are no additional costs other than those already reported to the customer.

>>>> See more: Procedures for setting up a foreign-invested company >>>>

If you have any questions please contact us for a free consultation, we always bring you the best service, with a team of experienced lawyers, you completely trust luatvn hotline. / zalo: 0763387788.

Công ty Luật VN

Địa chỉ: 60 Nguyễn Quang Bích, P. 13, Q. Tân Bình, TP.HCM

Mr. Phan
Email: luatvn.vn02@gmail.com

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