For a new foreign investor, the basic procedure required is the application for investment approval at the Economic and External Relations Department of the Department of Planning and Investment of the province or city. So, this is reflected in the procedures for applying for an investment registration certificate or for approval of eligibility for capital contribution registration, share purchase, or capital contribution to an enterprise in Vietnam. Normally, the result obtained will be an investment registration certificate or a notice of eligibility for capital contribution, share purchase, or capital contribution purchase. This is the first and most important step for an investment activity. After then achieving the results at the above step, the foreign investor can establish a foreign-invested enterprise, or change the company’s business license to carry out production and business activities. LSX Lawfirm will give you an article: “Sequence of basic foreign investment procedures in Vietnam”, as follows:
Legal grounds
Law on investment 2020
Procedures for applying for an investment policy decision related to sequence of basic foreign investment procedures in Vietnam
Accordingly, the provisions of the Law on Investment 2020, for investment projects that require decisions on investment policies of the National Assembly, the Prime Minister and the People’s Committees of provinces, investors must carry out procedures for applying for investment policy decision according to the competence of competent state agencies according to the order and procedures specified of the Law on Investment 2020.
In case the project does not fall into the cases specified in the Law on Investment 2020, the investor is not required to carry out the procedures for applying for a decision on investment policy.
Investment registration procedures related to sequence of basic foreign investment procedures in Vietnam
Firstly, cases in which the procedures for issuance of an Investment Registration Certificate are required:
a) Investment projects of foreign investors.
b) Investment projects of economic organizations.
Secondly, cases that do not have to carry out procedures for issuance of an Investment Registration Certificate:
a) Investment projects of domestic investors.
b) Investment projects of economic organizations.
c) Investment in the form of capital contribution, purchase of shares or capital contribution of economic organizations.
Step 1
Determine the type of project that needs to apply for an investment policy decision
In case a project is subject to an investment policy decision, depending on the type of project and project size, the investor must register with the respective agency. The authority to decide on investment projects rests with the respective agencies, including the National Assembly, the Prime Minister and the provincial People’s Committees.
Step 2
Firstly, Procedures for applying for an Investment Registration Certificate related to Sequence of basic foreign investment procedures in Vietnam
Then, Profile composition:
A written request for the implementation of an investment project;
Profile of the investor’s legal status;
Then
Documents proving the financial capacity of the investor;
Proposing investment projects;
A copy of the paper on the land use right or another document determining the right to use the ground for the implementation of the investment project;
Content explaining the technology used in the investment project;
Then, other documents related to investment projects, requirements on conditions and capacity of investors.
Execution time:
Project under the investment policy of the Prime Minister: About 60 days
Project under investment policy of Provincial People’s Committee: About 40 days
Finally, handling agency: Prime Minister, Provincial People’s Committee
Step 3
Apply for a business registration certificate related to Sequence of basic foreign investment procedures in Vietnam
After being granted the Investment Registration Certificate, the investor can choose the type of business to apply for the Business Registration Certificate. Accordingly, the dossier includes:
- Business registration application form
- Then, Company rules
- List of members or list of shareholders
- Then, List of authorized representatives
- A copy of personal identification paper if the founding member is an individual
- In case the investor is an organization: A copy of the certificate of enterprise registration or the decision on establishment; the written appointment of the authorized representative together with a copy of the authenticated paper of the authorized representative
- Investment registration certificate.
In addition
Investors submit 01 set of the above documents at the Department of Planning and Investment related to Sequence of basic foreign investment procedures in Vietnam: After 03 working days from the date of receiving the valid dossier, the Department of Planning and Investment will issue the Certificate of Business Registration to the investor. investment.
Related questions about “Sequence of basic foreign investment procedures in Vietnam”
Application for business registration.
Company rules.
– List of founding shareholders and shareholders being foreign investors.
Copies of the following documents:
CCCD/ID card/Passport or other lawful personal identification.
CCCD/ID card/Passport or other lawful personal identification.
Certificate of investment registration for foreign investors.
– The enterprise founder/authorized person sends the business registration dossier to the business registration office of the province/city where the enterprise is located.
– The business registration office of the province/city where the enterprise is headquartered considers the application and issues the Certificate within 03 working days from the date of receipt of the application.
– If refused, the business registration office of the province/city where the enterprise is located must notify. The notice must clearly state the reason and the requirements for amendment and supplement of the dossier.
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