Process established the company with 100% foreign investment in 2018

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Process established the company with 100% foreign investment in 2018
Process established the company with 100% foreign investment in 2018

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We guide to customer Process established the company with 100% foreign investment in 2018.

Step 1: Registration of investment policy with the provincial people’s Committee

Foreign investors in Vietnam must carry out procedures for registration certificates of investment. However, Before procedures for issuance of investment certificate of registration, in some cases, investors must register for investment policy with the provincial People’s Committee.

Profile includes:

– A written request for permission for investment project execution;

If the investor is an individual: a copy of ID card or passport;

If the investor is an organization: a copy of the Certificate of establishment or equivalent paper which can certify the legal status;

– Investment proposal, which specifies: the investor in the project, investment objectives, investment scale, investment capital, the method of capital raising, location, and duration of investment, labor demand, request for investment incentives, assessment of socio-economic effects of the project;

– Copies of any of the following documents:

+ Financial statement of the last two years of the investor;

+ Financial support commitment of the parent company;

+ Financial support commitment of a financial institution;

+ Guarantee for investor’s financial capacity;

+ Description of investor’s financial capacity.

– Demand for land use: if the project does not use land allocated or leased out or permitted to change land purposes by the State, a copy of the lease agreement or other documents certifying the investor has the right to use that location to execute the project;

– For the project use technologies on the List of technologies restricted from transfer: Explanation of application of technologies, which specifies: names of technologies, origins, technology-process diagram, primary specifications, conditions of machinery, equipment and primary technology line;

– For the project executed under the Business Cooperation Contract: the Business Cooperation Contract.

Duration: 35-40 working days from receipt of valid records

Step 2: Apply for the certificate of registration of the investment

Under these circumstances, the investor has to perform procedures for issuance of the Certificate of Investment Registration:

– Investment projects of foreign investors;

– Investment projects of economic organization:

+ Foreign investors hold 51% or more of the charter capital or the majority of the general partners are foreigners if the business organization is a partnership

+ 51% of the charter capital or more is held by business organizations as mentioned above;

+ 51% of the charter capital or more is held by investors or business organizations mentioned above.

Profile includes:

– A written request for permission for investment project execution;

If the investor is an individual: a copy of ID card or passport;

If the investor is an organization: a copy of the Certificate of establishment or equivalent paper which can certify the legal status;

– Investment proposal, which specifies: the investor in the project, investment objectives, investment scale, investment capital, the method of capital raising, location, and duration of investment, labor demand, request for investment incentives, assessment of socio-economic effects of the project;

– Copies of any of the following documents:

+ Financial statement of the last two years of the investor;

+ Financial support commitment of the parent company;

+ Financial support commitment of a financial institution;

+ Guarantee for investor’s financial capacity;

+ Description of investor’s financial capacity.

– Demand for land use: if the project does not use land allocated or leased out or permitted to change land purposes by the State, a copy of the lease agreement or other documents certifying the investor has the right to use that location to execute the project;

– For the project use technologies on the List of technologies restricted from transfer: Explanation of application of technologies, which specifies: names of technologies, origins, technology-process diagram, primary specifications, conditions of machinery, equipment and primary technology line;

– For the project executed under the Business Cooperation Contract: the Business Cooperation Contract.

Duration:

For investment project which is not required for a decision of investment policy: 15 – 20 working days from the day on which a valid dossier is received;

For investment project which is required for a decision of investment policy: 05 – 10 working days from the day on which a valid dossier is received.

Step 3: Establishment of the enterprise and the Certificate of Business Registration:

After the Certificate of Investment Registration is issued, investors need to prepare a dossier for the establishment of the enterprise.

* For limited liability company:

– An application form for business registration;

– The charter of the company;

– The list of members;

– Copies of:

+ ID card, passport or equivalent papers of members being individuals;

+ The decision on the establishment, the Certificate of Business Registration or equivalent documents and the letter of authorization; + the ID card or other papers of the authorized representative of members being organizations;

+ For members being foreign organizations: copies of the Certificate of Business Registration or equivalent documents shall have to be consular legalized;

+ The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

* For the joint-stock company:

– An application form for business registration;

The charter of the company;

– The list of founding shareholders and shareholders being foreign investors;

– Copies of:

+ ID card, passport or equivalent papers of founding shareholders or shareholders being foreign investors;

+ The decision on the establishment, the Certificate of Business Registration or equivalent documents and the letter of authorization; the ID card or other papers of the authorized representative of founding shareholders or shareholders being foreign investors;

+ For shareholders being foreign organizations: copies of the Certificate of Business Registration or equivalent documents shall have to be consular legalized;

+ The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Duration: 5 working days from receipt of valid records

Step 4: Announcing the establishment of the enterprise

After being granted a certificate of registration, you have to notify the public on the national portal on the business register in sequence, procedure and pay the prescribed fee.

The announcement shall contain the information on the Certificate of Business Registration and the following information:

– The business lines;

– The list of founding shareholders and shareholders being foreign investors if the enterprise is a joint-stock company.

Step 5: The Seal of the enterprise

After being granted the Certificate of Business Registration and announcing the establishment of the enterprise on the National Business Registration Portal, the enterprise shall make a sealed sample at a seal engraving agency. The enterprise is entitled to decide the form and the quantity of its seal complying with the law.

Step 6: Announcing the sealed sample on the National Business Registration Portal

After engraving the sealed sample, the enterprise shall have to post it on the National Business Registration Portal and shall be granted a confirmation by the Department of Planning and Investment.

Duration: 03 working days from the day on which the valid dossier is received.

 

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