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HOW TO SETTING UP A COMPANIES WITH 100% FOREIGN CAPITAL IN VIETNAM

Setting up a companies with 100% foreign capital in Viet Nam is a form of investment in which foreign investors are allowed to implement investment projects in the form of investment in the establishment of 100 foreign-owned company in Vietnam, in which the investment locations are being considered major attraction in Vietnam such as investment in Hanoi, investment in Ho Chi Minh city, Binh Duong, Dong Nai, Bac Giang, Bac Ninh, Thai Nguyen, Da Nang, Quang Ngai.... with lots of different fields. Hong Duc Law Firm is proud to be the investment consulting firm leading in Vietnam with 16800 visitors and over 10 years of experience in the investment advisory field in Vietnam.

Ha Noi Viet Nam

Company Profile Established 100% foreign capital include the following documents:

Granted investment certificates for investment projects outside industrial zones with a total investment of less than 300 billion VND and non- investment conditions. Investor’s prepared three sets of records, including the original one, are including:

 1. Written registration / request for issuance of investment certificates for cases associated with establishment of enterprise

2. Draft Charter Company (select the suitable type for established enterprises)

3. List of members / shareholders founders (select suitable sample  with established business type)

4. Joint Venture Contract (for the case of foreign investors invested joint venture with Vietnam).

5. Documents certifying the legal status of the investor:

    + In case the investor is held together with a copy of the certificate of business registration / Decision established (together with the original for comparison); the text in a foreign language must be translated into Vietnamese and certified by organizations with translation function;

     + In case the investor is an individual copy attached Passport / identity card of the Investor (together with the original for comparison).

6. Written authorization of the investor for the authorized person for the event is organized investors.

7. A copy of one of the personal identification document of the legal representative of the enterprise was established in Vietnam (enclosed with the original for comparison).

8. The financial statements of the most recent year audited balance sheet asset or the most recent year have been audited (for investors is held), documents certifying the account balance (for personal).

9. The documents relating to the location of the project:

+ In case of established project consultancy, software manufacturers, (not construction): venue hire contract and / or certificates of land use rights, house ownership accommodation and assets attached to land for leased assets.

+ In case of established projects construction: Negotiable principles signed between the investor and the city People's Committee (of the land lease agreement) / certificate of land use right and the decision approving Total ground.

10. Decision approving reports environmental impact assessment approved by the Municipal People's Committee / or written commitment to environmental protection has been the district People's Committee / district where the project is confirmed (if applicable).

11. A valid copy of the practicing certificate of the director (CEO) and / or other individuals for business enterprise that trades as prescribed by law, must have a practicing certificate;

12. Documents certifying the legal capital of the organization, the competent authority for the trading company which trades under the provisions of the law must have legal capital.

3.2 Issuance of investment certificates for investment projects outside industrial parks with a total investment of less than 300 billion Vietnam in the fields of conditional investment. Investors to fully prepare 8 sets of records, including the original one, including:

1. Written registration / request for issuance of Investment Certificate for cases associated with establishment of enterprise

2. Draft Charter Company (select the suitable type for established enterprises)

3. List of members / shareholders founders (select the suitable type with the established business type)

4. Joint Venture Contract (for the case of foreign investors venture with Vietnam investors).

5. Documents certifying the legal status of the investor:

     + In case the investor is held together with a copy of the certificate of business registration / Decision established (together with the original for comparison); The text in a foreign language must be translated into Vietnamese and certified by organizations with translation function;

     + In case the investor is an individual copy attached Passport / identity card of the Investor (together with the original for comparison).

6. Written authorization of the investor for the authorized person for the event is organized investors.

7. A copy of one of the personal identification document of the legal representative of the enterprise was established in Vietnam (enclosed with the original for comparison).

8. The financial statements of the most recent year audited balance sheet asset or the most recent year have been audited (for investors is held), documents certifying the account balance (for personal).

9. Explanation ability to satisfy conditions which the investment project must meet prescribed by law;

10. The documents relating to the location of the project:

     + In case of established project consultancy, software manufacturers, (not construction): venue hire contract and / or certificates of land use rights, house ownership accommodation and assets attached to land for leased assets.

     + In case of established projects construction: principle agreement was signed between the investor and the city People's Committee (of the land lease agreement) / certificates of land use rights and coffee Decision approval of Master Plan.

11. The decision to approve the environmental impact assessment report approved by the Municipal People's Committee / or written commitment to environmental protection has been the district People's Committee / district where the project is confirmed (if applicable).

12. A valid copy of the practicing certificate of the director (CEO) and / or other individuals for business enterprise that trades as prescribed by law, must have a practicing certificate;

13. Documents certifying the legal capital of the organization, the competent authority for the trading company which trades under the provisions of the law must have legal capital.

3.3 Issuance of investment certificates for investment projects outside industrial parks with a total investment of 300 billion Vietnam dong or more and do not invest in sectors where conditions permit. Investors to fully prepare 8 sets of records, including the original one, including:

1. Written registration / request for issuance of investment certificates Investment Certificate for cases associated with establishment of enterprise

2. Draft Charter Company (select the type suitable for established enterprises)

3. List of members / shareholders founders (sampling in accordance with the established business type)

4. Joint Venture Contract (for the case of foreign investors venture with Vietnam investors).

5. Documents certifying the legal status of the investor:

     + In case the investor is held together with a copy of the certificate of business registration / Decision established (together with the original for comparison). The text in a foreign language must be translated into Vietnamese and certified by organizations with translation function.

     + In case the investor is an individual accompanied by a passport / identity certificate of the Investor (together with the original for comparison). 

6. Written authorization of the investor for the authorized person for the event is organized investors.

7. A copy of one of the personal identification document of the legal representative of the enterprise was established in Vietnam (enclosed with the original for comparison).

8. The financial statements of the most recent year audited balance sheet asset or the most recent year have been audited (for investors is held), documents certifying the account balance (for personal).

9. Explanation economy - engineering project includes the major contents: objectives, scale, location of investment, capital. Project implementation schedule, land use needs, technological solutions and environmental solutions.

10. The documents relating to the location of the project:

      + In case of established project consultancy, software manufacturers, (not construction): venue hire contract and / or certificates of land use rights, house ownership accommodation and assets attached to land for leased assets.

     + In case of established projects construction: principle agreement was signed between the investor and the city People's Committee (of the land lease agreement) / certificates of land use rights and coffee Decision approval of Master Plan.

11. Decision approving reports environmental impact assessment approved by the Municipal People's Committee / or written commitment to environmental protection has been the district People's Committee / district where the project is confirmed (if applicable).

12. A valid copy of the practicing certificate of the director (CEO) and / or other individuals for enterprise business lines as stipulated by law, must have a practicing certificate.

13. Documents certifying the legal capital of the organization, the competent authority for the trading company which trades under the provisions of the law must have legal capital.

3.4 Issuance of investment certificates for investment projects outside industrial parks with a total investment of 300 billion Vietnam dong or more and investment in the field conditions. Investors to fully prepare 8 sets of records, including the original one, including:

1. Written registration / request for issuance of investment certificates Investment Certificate for cases associated with establishment of enterprise

2. Draft Charter Company (select the type suitable for established enterprises)

3. List of members / shareholders founders (sampling in accordance with the established business types

4. Joint Venture Contract (for the case of foreign investors venture with Vietnam investors).

5. Documents certifying the legal status of the investor:

     + In case the investor is held together with a copy of the certificate of business registration / Decision established (together with the original for comparison). The text in a foreign language must be translated into Vietnamese and certified by organizations with translation function.

     + In case the investor is an individual accompanied by a passport / identity certificate of the Investor (together with the original for comparison).

6. Written authorization of the investor for the authorized person for the event is organized investors.

7. A copy of one of the personal identification document of the legal representative of the enterprise was established in Vietnam (enclosed with the original for comparison).

8. The financial statements of the most recent year audited balance sheet asset or the most recent year have been audited (for investors is held), documents certifying the account balance (for personal).

9. Explanation ability to satisfy conditions which the investment project must meet prescribed by law.

10. Technical-economic report of the project includes the major contents: objectives, scale, location of investment, capital; Project implementation schedule; land use needs; technological solutions and environmental solutions.

11. Documents related to the location of the project:

     + In case of established project consultancy, software manufacturers, ... (not construction): venue hire contract and / or certificates of land use rights, house ownership accommodation and assets attached to land for leased assets.

      + In case of established projects construction: principle agreement was signed between the investor and the city People's Committee (of the land lease agreement) / certificates of land use rights and coffee Decision approval of Master Plan.

12. Decision approving reports environmental impact assessment approved by the Municipal People's Committee / or written commitment to environmental protection has been the district People's Committee / district where the project is confirmed (if applicable).

13. A valid copy of the practicing certificate of the director (CEO) and / or other individuals for business enterprise that trades as prescribed by law, must have a practicing certificate.

14. Documents certifying the legal capital of the organization, the competent authority for the trading company which trades under the provisions of the law must have legal capital.

Handling of investment projects have been received prior to the date 07/01/2015:

Section 8 Document No. 4366 / BKH-PC, the Ministry of Planning and Investment guiding the settlement of investment project dossiers received before the date 01/07/2015. On the basis of the report and recommendations of some localities, the Ministry of Planning and Investment is recommended as follows:

a.       For the record investment projects have to meet eligible investment certificate under the provisions of Circular No. 16/2015 / TT-BKH, registered investment agency based investment project profile has reception to registration certificate investments to investors under the investment Law 2014 on the basis of a written agreement on the investor agrees registration certificate under the provisions of the investment Act 2014. In this case, the registration office does not require investment documented investment projects or amended and supplemented by the provisions of the investment Law 2014.

b.       Where investment project dossiers are not valid, and / or did not meet the conditions for granting investment certificates under the provisions of Circular No. 16/2015 / TT-BKH, registration offices investing guide investors for private and supplementing records prescribed by the investment Law 2014.

5. Documents certifying the legal status of the founding members:

- For founding members being legal persons: copy of valid consular legalization (no more than 3 months before the date of submission) Decision on the establishment, certificate of business registration or other equivalent document , charter or other equivalent document (paragraph 3 of Article 15 of Decree 88/2006 / ND-CP of the Government dated 29/8/2006). The text in a foreign language must be translated into Vietnamese and certified by organizations with translation function.

- For founding members as individuals: Copy of valid consular legalization (no more than 3 months before the date of filing) of one of the documents: identity card, passport or papers personal identification legally valid (Article 18 of Decree 88/2006 / ND-CP of the Government dated 29/8/2006).

6. Written authorization of the investor for the authorized person for the event is held investor and valid copy (notarized copies) one of the personal identification document of the representative authorized. The text in a foreign language must be translated into Vietnamese and certified by organizations with translation function.

7. The joint venture contract to establish a form of investment joint venture economic organization between domestic investors and foreign investors or business cooperation contracts for the form of business cooperation contract. (See Articles 54, 55 Decree 108/2006 / ND-CP of the Government dated 22/09/2006)

8. Where the joint venture investment projects using State capital, they must give written consent for use of state capital for investment by the competent authority.

*. Number of applications submitted: 05 sets of records (including 01 originals, either Vietnamese or Vietnamese and common foreign language) is bound into each book.

- Time to consider - the investment certificate: 30-120 working days from the date of receipt of a valid application.

Foreign investors may invest in the form of 100% of capital for the establishment of limited liability companies, joint stock companies, partnerships, private enterprises under the provisions of the Enterprise Law. According to Decree 108, the first foreign investor to invest in Vietnam must have a project and implementation of procedures for issuance of investment certificates; investment certificates and certificates for business registration. Enterprises with 100% foreign capital have legal personality under the law of Vietnam, founded and operated since the date of issuance of investment certificates.

We provide foreign investor advisory services company established 100 foreign capitals and for issuance of investment certificates as follows:

Consulting the content needed before conducting investment procedures

Investment consulting areas are permitted to establish 100 foreign-owned companies.

Consulting with the provisions of the law on the type; structure, organization management and operation of the 100 foreign-owned company.

Limited consulting and investment conditions for planned investment field.

Consulting other issues related to investment projects.

Investors Guide prepared papers and legal documents necessary for the establishment of 100 foreign-owned company.

Conduct procedures established 100 foreign-owned company

Drafting registration documents for establishment of 100 foreign-owned.

To compile dossiers of application for investment certificates for investment projects.

On behalf of investors proceedings established 100 foreign-owned companies and apply for investment certificates.

Handle the relevant issues arising.

On behalf of the investors receive written answers (if available) of the investment management agency.

On behalf of Investor Investment Certificate at the same time as the certificate of business registration of 100 foreign-owned company.

Established companies with 100% foreign capital is a form of investment in which foreign investors are allowed to implement investment projects in the form of investment in the establishment of 100 foreign-owned companies in Vietnam, in some fields.

In this case, foreign investors conducting registration procedures established 100 foreign-owned companies in conjunction with the procedure for issuance of investment certificate.

Investment Certificate will be issued the certificate of business registration of 100 foreign companies.

Consultations of LHD (Hong Duc Law)

 Individual investors

- A certified copy of ID card / passport

- Bank certificate (proof of financial capacity).

  Investors are held

- A copy of the license company (Duplicate endorsement if the company in the country, consular legalization if foreign company)

Financial statements (consular legalization if foreign company)

A certified copy of ID card / passport of the representative.

Charter companies managing (consular legalization if foreign company)

Written authorization for a representative of the company (if consular legalization of foreign company)

In addition, investors provide

- Documents proving the legal right to use the business office (rental agreement / lease office or home / office organization functions for rent / legal office).

- Profile energy investor's experience.)

Consultant selected investment areas: According to WTO commitments, Decision 10, HS code ...

Time consultant for each project

  • Consultants drafting documents for the establishment of foreign-invested companies
  • Strategic consulting mining personnel in Vietnam
  • Tax and accounting consulting protection of trademarks in Vietnam
  • Virtual office rental and share in Vietnam (District 1, HCM, HN)

Typical customers have used the services of LHD

TOYOTA; Wacoal, Deloite; DLH; SHISEIDO; FOS; DLT; YAMAZEN; SANKOUGIKEN; DIEMSANG; IFO; Altech; TRIUMPH; SOMETHINGHOLDINGS ... ETC.

 

LHD Law Firm

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LHD LAW FIRM IN HO CHI MINH
Addr:  HP Tower, 60 (Floor 7) Nguyen Van Thu Street, Dakao Ward, District 1, HCM City, Viet Nam
Tel:
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Fax:  +848 39111538  Email: all@lhdfirm.com 

LHD LAW FIRM IN HA NOI
Addr: Anh Minh Tower, (Floor 4) 36 Hoang Cau Street, O Cho Dua Ward, Dong Da District, Ha Noi City, Viet Nam
Tel:  +842462604011 or +84911633168 
Fax: +848 04 3573 9287 Email: hanoi@lhdfirm.com

 

HOW TO SETTING UP A COMPANIES WITH 100% FOREIGN CAPITAL IN VIETNAM

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rajakumarasamy rajaratnam - ()
I want to set up ICT training and consulting company. Please help.me
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