With the current open market mechanism, foreign investors are very interested in establishing foreign-invested companies to seek profits. They can invest in a variety of sectors in Vietnam. However, establishing an economic organization in another country requires an understanding of the law, especially the regulations related to procedures and papers. In this article, LSX legal firm provides: “Dossier to establish a foreign-invested company in Vietnam”
Legal grounds
- Law on Enterprise 2020
- Law on Investment 2020
- Decree 31/2021/ND-CP
Application for approval for investment guidelines of an investment project proposed by an investor
- An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;
- A document concerning the legal status of the investor;
- Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
- Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, a proposal for investment incentives, impact and socio–economic efficiency of the project and preliminary assessment of environmental impact (if any);
- If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project;
- If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
- Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology;
- Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor (if any).
Application for approval for investment guidelines of an investment project prepared by a competent authority
- An application for approval for investment guidelines;
- Proposal for the investment project including the following main contents: investment objectives, investment scale, investment capital and plan for raising capital, location, duration, and schedule of the investment project; information about the current use of land in the location of the project, conditions for land expropriation if the project is subject to land expropriation, expected demand for land use (if any); preliminary assessment of environmental impact (if any) in accordance with the law on the protection of the environment protection; expected method of investor selection and conditions applicable to the investor (if any); and special regimes and policies (if any).
- If the law on construction requires the formulation of a pre-feasibility study report, the competent authority is entitled to submit the pre-feasibility study report instead of a proposal for the investment project.
Dossier for Investment Registration Certificate
Article 36 of Decree 31/2021 stipulates procedures for granting and adjusting the Investment Registration Certificate for investment projects that do not have to apply for approval of investment guidelines as follow:
- The investor shall submit 01 application for the Investment Registration Certificate, including the contents specified in Clause 1, Article 33 of the Law on Investment 2020 to the investment registration agency. In case the investment project is implemented in 02 or more provincial-level administrative units, the investor shall submit the dossier to the Department of Planning and Investment of a province or centrally-run city where the investor implements the project, places or plans to set up an executive office to apply for the Investment Registration Certificate for the project.
- For an investment project that has already started operation, the investor shall submit a dossier as prescribed in Clause 1 of this Article, in which the investment project proposal replaced by a report on the implementation of the investment project from the time of implementation to the time of application for the Investment Registration Certificate.
Application according to clause 1, Article 33 of the Law on Investment 2020
- An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;
- A document concerning the legal status of the investor;
- Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
- Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, a proposal for investment incentives, impact and socio–economic efficiency of the project and preliminary assessment of environmental impact (if any);
- If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project;
- If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
- Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology;
- Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor (if any).
Dossier for business registration certificate
At this point, the requirements for the profile that you must prepare differ depending on the type of company. However, regardless of the type of company, you have to prepare the following basic documents:
- Firstly, the application form submits to the business registration office requesting the certificate to establish a company manufacturing household appliances.
- Secondly, draft of company charter.
- Thirdly, list of founders.
- Fourthly, authenticated legal papers of members.
- Fifthly, valid identification papers of the authorized representative and the legal representative.
- Also, legal capital confirmation document.
- Certificate of business registration (for organizations).
- Investment registration certificate for foreign investors.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
The above content details information regarding “Dossier to establish a foreign-invested company in Vietnam”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Frequently asked questions
Firstly, an application form for the company registration.
Secondly, the charter of the company.
Thirdly, the list of founding shareholders; the list of shareholders that are foreign investors.
Fourthly, copies of shareholders’ legal papers.
Firstly, an application form for the company registration.
Secondly, the charter of the company.
Thirdly, the list of members
Fourthly, copies of members’ legal papers.
Legalized copies of legal documents of the members that as foreign organizations.
The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.
Online submissions are valid when the following conditions are met:
– Having sufficient papers and the contents fully declared as prescribed for paper form, presented in the form of electronic documents and named corresponding to the name of the type of paper;
– The information declared on the System is complete and accurate according to the information in the paper form; authenticated by the investor’s digital signature or uniformly compared with the paper documents.
Conclusion: So the above is Dossier to establish a foreign-invested company in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
