Change of charter has never been a complication issue, regarding Vietnamese enterprises. However, this is not the case when it comes to foreign enterprises in Vietnam. Therefore, in this article, LSX will give you a brief on “Dossiers for change of charter capital of foreign enterprises in Vietnam”; before entering the procedure.
- 2020 Enterprise Law
- Decree 01/2021/ND-CP
What is chater capital?
Hence Clause 34, Article 4, 2020 Enterprise Law, charter capital is the total value of assets contributed or committed by the company’s members and owners when establishing a limited liability company or partnership; is the total par value of shares sold or registered for purchase upon the establishment of a joint-stock company.
Dossier for change of charter capital of foreign enterprises
Normally, a dossier for change of charter capital of foreign enterprises will contain the following document:
- 02 notarized copies of Investment Certificate/Certificate of Business Registration
- 02 copies of Tax Registration Certificate. In case the company has not separated the Investment Registration Certificate and the Business Registration Certificate
- Report on project implementation and report on investment project implementation up to the time of request for adjustment of investment project
- 01 notarized copy of the audited financial statement closest to the time of adjustment
- Bank confirmation for capital account proving that the company has fully contributed capital; unless the financial statements do show that the company has contributed enough capital
- Confirmation of deposit account balance, financial statement or commitment to guarantee capital contribution of the parent company (for institutional investors); passbook, confirmation of account balance (for investors is an individual) corresponding to the amount of charter capital expected to increase
- Project proposal development information: Number of foreign workers, number of Vietnamese workers; Phone number, investor email, Company phone number in Vietnam, Head office area
- Notarized passport and confirmation of temporary residence (temporary residence card) of the legal representative.
As long as the investors did gathering these documents; then, they could carry on the upcoming steps of the procedure.
Foreign enterprises are enterprises with foreign investors as members or shareholders. Accordingly, foreign investors are are individuals with foreign nationality or organizations established under foreign laws that carry out investment activities. doing business in Vietnam.
The two most common types of enterprises are limited liability companies and joint-stock companies.