Steps to register a foreign-invested company

Most investors who come to invest in the Vietnamese market have more or less trouble in legal procedures and licenses to be able to legally do business. In order to solve the problems that foreign traders often face. Following, Luatvn.vn will guide specifically the steps to register a foreign-invested company that traders need to prepare in advance for customers’ reference:

Relevant legal documents

Investment Law 2020
Enterprise Law 2020

Where to apply

Individuals/organizations intending to directly establish foreign-invested companies.

Steps to register a foreign-invested company

Step 1: Register the establishment of the project at the investment registration agency

Profile include:
  • A written request for investment project implementation
  • For individual investors: Copy of identity card, identity card or passport
  • For institutional investors: copy of Certificate of Incorporation or other equivalent document certifying legal status
  • The investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule. , demand for labor, proposal for investment incentives, assessment of impacts, socio-economic efficiency of the project.
  • Copy of one of the documents.
  • Financial statements for the last 2 years of investors
  • Commitment to financial support of the parent company
  • Commitment to financial support from a financial institution
  • Guarantee of investor’s financial capacity
  • Documents explaining the financial capacity of investors
  • Proposing land use needs; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation. current investment project.
  • Explanation on technology use includes the following contents: technology name, technology origin, technological process diagram, main technical parameters, usage status of machinery, equipment and technological lines, technological process diagram, main technical parameters, use status of main machinery, equipment and technological lines, for projects using technologies on the list of technologies restricted from transfer.
  • BCC contract for investment projects in the form of BCC contract.

Filing agency: Investment registration agency.
Implementation time: from 35-40 working days from the date of receiving the valid application.

Step 2: Apply for an Investment Registration Certificate

For investment projects subject to decision on investment policies, the investment registration agency shall issue an investment registration certificate to the investor within 05 working days from the date of receipt of the decision on investment policy. invest.
For an investment project that is not subject to a decision on investment policies, the investor shall carry out the procedures for issuance of an Investment Registration Certificate:
  • Before carrying out the procedures for issuance of an Investment Registration Certificate, the investor shall declare online information about the investment project on the national information system on foreign investment. Within 15 days from the date of online declaration, the investor shall submit the application for the Investment Registration Certificate to the Investment Registration Authority.
  • After the Investment Registration Authority receives the application, the investor is granted an account to access the national information system on foreign investment to monitor the processing of the application.
  • The investment registration agency uses the national information system on foreign investment to receive, process and return investment registration results, update the status of application processing and issue code numbers for projects. investment project.

Profile include

  • A written request for investment project implementation
  • For individual investors:
  • Copy of identity card, identity card or passport for individual investors (Notarized copy, consular legalization at Vietnamese diplomatic missions abroad)
  • Confirmation of the investor’s bank account balance corresponding to the expected investment capital in Vietnam (If it is a foreign bank, it is necessary to provide a notarized, consular legalized copy at the representative office Vietnamese diplomacy abroad)
  • Head office lease contract, Papers proving the lessor’s right to lease (Land use right certificate, Construction permit, Business registration certificate with real estate business function of the lessor) or equivalent documents).
  • A copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor being an organization (Notarized copy, consular legalization at the Vietnamese diplomatic mission abroad) )
  • A copy of one of the following documents: investor’s financial statement, parent company’s commitment to financial support, financial institution’s commitment to financial support, guarantee of the investor’s financial capacity investment, confirm the investor’s bank account balance corresponding to the expected investment capital in Vietnam (Notarized copy, consular legalization at Vietnamese diplomatic missions abroad)
  • Notarized passport of the legal representative of the company in Vietnam (If a foreigner Notarized copy, consular legalization at Vietnamese diplomatic missions abroad)
  • Charter of foreign company (Notarized copy, consular legalization at Vietnamese diplomatic missions abroad);
  • Head office lease contract, Papers proving the lessor’s right to lease (Land use right certificate, Construction permit, Business registration certificate with real estate business function of the lessor) or equivalent documents).
  • If the project uses technology, it is necessary to attach an explanation on the use of technology for the specified project, including the following contents: technology name, technology origin, technological process diagram; main technical parameters, use status of main machinery, equipment and technological lines;

Filing agency: investment registration agency and time

  • For investment projects not subject to decision on investment policies: 15-20 working days from the date of receipt of complete dossiers.
  • For investment projects subject to decision on investment policies: 05 -10 working days from the date of receipt of the decision.

Step 3: Establish a business, issue an enterprise registration certificate

After obtaining the investment registration certificate, investors need to prepare documents to set up a business
Profile include:
  • Application for business registration
  • Company rules
  • List of members/ 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 being 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 an organization member
  • 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 certificate for foreign investors in accordance with the Law on Investment.
  • Filing agency: Business registration agency
  • Time: 03 – 06 working days from the date of receipt of complete and valid documents.

Step 4: Announce the content of business registration information

Information on business registration must be publicized on the National Business Registration Portal within 30 days from the date of issuance of the Business Registration Certificate. If an enterprise fails to disclose business registration information, according to Clause 1, Article 26 of Decree 50/2016/ND-CP, for acts of failing to disclose or disclosing on time the prescribed contents of business registration, Enterprises on the National Business Registration Portal will be fined from VND 1,000,000 to VND 2,000,000.

Step 5: Engrave the seal and announce the seal sample

Enterprises can authorize or engrave their own seal and notify the seal sample to the Department of Planning and Investment. Enterprises can decide by themselves the form, quantity and content of seals but must show the name and enterprise code number. After receiving the notice of the seal sample, the Business Registration Office grants the receipt to the enterprise, publishes the enterprise’s notice on the National Portal and issues a notice on the publication of sub-sample information. seal of the business for the business to know.
Customers wishing to know more about the steps to register a foreign-invested company Please contact Vietnam Law for the fastest and most accurate support! Hotline/zalo: 0763387788.

Công ty Luật VN

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

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