According to the Law on Investment 2014 coming into effect, according to the provisions of the “Law on Investment” 2014, the process of “establishing a foreign-owned company” is as follows:

Step 1. Perform the procedures for issuance of the Investment Registration Certificate before carrying out the procedures for establishing an FDI enterprise

Investors declare online information about investment projects at the National Information System on Foreign Investment at the address:  gov.vn or Dautunuocngoai.gov.vn and get the declaration code online. Within 15 days from the date of online application declaration,

Profile include:

• A written request for implementation of an investment project;
• For individual investors: Copy of identity card, identity card or passport
• For institutional investors: copy of Certificate of Establishment 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 the project’s socio-economic impact and efficiency;

• Copy of one of the following documents:
• The investor’s financial statements for the last 2 years;
• Commitment to financial support of the parent company;
• Commitment to financial support of financial institutions;
• Guarantee on the financial capacity of the investor;
• Documents explaining the financial capacity of the investor;

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;

• The explanation on the use of technology includes the following contents: technology name, technology origin, technological process diagram; Main technical parameters, usage 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.
• Application agency: Investment registration agency

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 investment policy decision: 05 – 10 working days from the date of receipt of the written decision on investment policy.

Step 02: Establish a business grant business registration certificate

After obtaining the investment registration certificate, investors need to prepare documents to set up a business.

Profile include:

• * For limited company
• Business registration application form.
• Company rules.
• Members list.
• Copies of the following documents:

Citizen identification card, People’s identity card, Passport or other lawful personal identification of members being individuals;

The establishment decision, the enterprise registration certificate or other equivalent documents of the organization and the power of attorney; Citizen identification card, People’s identity card, Passport or other lawful personal identification of the authorized representative of the member being an organization

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.

• For Joint Stock Company
• Profile include:
• Business registration application form.
• Company rules.
• List of founding shareholders and shareholders being foreign investors (list of authorized representatives if any)
• Copies of the following documents:
• Citizen identification card, People’s identity card, Passport or other lawful personal identification of members being individuals;

The establishment decision, the enterprise registration certificate or other equivalent documents of the organization and the power of attorney; Citizen identification card, People’s identity card, Passport or other lawful personal identification of the authorized representative of the member being an organization

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: 05 working days from the date of receiving complete and valid dossiers

 Step 03: Post the business establishment statement

After an enterprise is granted an enterprise registration certificate, it must make a public announcement on the national business registration portal according to the order and procedures and pay fees as prescribed.

The content to be announced includes the contents of the Business Registration Certificate and the following information:

Business;

List of founding shareholders and shareholders being foreign investors for joint-stock companies.

Executing agency: Declaration Division of Business Registration Authority

Step 04: Engrave the seal of the business

After obtaining the Certificate of Business Registration and having posted the enterprise establishment statement. The enterprise conducts seal engraving at one of the licensed seal engraving units. Enterprises decide by themselves the number and form of seals within the scope permitted by law.

Step 05: Publish the seal sample of the enterprise on the National Business Registration Portal

After having the seal, the enterprise publishes the seal sample on the national business registration portal and is granted a certificate of publication by the Department of Planning and Investment.

Executing agency: Declaration Division of Business Registration Authority

Time: 03 working days from the date of receiving complete and valid dossiers

Please contact a lawyer of Inco Minh Anh Law Firm for advice

Lawyer Hoa: 0982674857

Email: [email protected]