Nowadays, with economic development and integration, more and more foreign individuals and organizations choose Vietnam as an ideal destination for investment and business establishment with many good conditions, advantages in resources, abundant human resources, open markets and attractive investment incentives. Dai Ha Law will give some advice on procedures to establish the foreign invested enterprises in Vietnam:
Step 1:Dossier for theCertificate of investment registration.
Normally, foreign investors (or FI) want to invest in projects in Vietnam, they must apply for Investment registration Certificate (or IRC). However, in some cases, FI must register with the competent state agencies in accordance with the Law on Investment 2014. Dai Ha Law would like to consult on Dossiers for registration of investment at Provincial People’s Committees including:
TỔNG ĐÀI TƯ VẤN PHÁP LUẬT MIỄN PHÍ LUẬT SƯ: 1900 6197
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- The investment project request
- The investment project proposal
- Copies of the following documents:
– Financial statements of the latest 02 years of the investor;
– Commitment to financial support of parent company;
– Commitment to financial support of the financial institution;
– Guarantee of financial capacity of investors;
– Documents explaining the financial capacity of investors;
– Proposal for land use (if required);
– BCC contract (for investment projects in the form of BCC contract).
An authenticated copy: Identity card or passport (for individual investors).
– An authenticated copy of the certificate of incorporation or other equivalent document confirming the legal status (for institutional investors).
For dossiers which registrate for the granting of investment registration certificates for projects subjecting to investment policy, Investors must carry out investment registration procedures at the competent state agencies and receive results within 35-40 working days from the date of submission of valid dossiers.
An implementation time: 15 – 20 working days from the date of receipt of valid file. (For investment projects not subject to investment policy).
Step 2: Establishment of business in Vietnam
2.1. The procedure for applying for the enterprise registration certificate
Investors will apply for the enterprise registration certificate after obtaining the investment registration certificate
A dossier of application for enterprise establishment comprises:
- Application form for business registration.
- Company rules.
- List of company founders.
- Copies of the following documents:
– Citizenship card, identity card, passport or other lawful personal identification ofindividual member;
– Establishment decision, enterprise registration certificate or other equivalent document of the organization and the authorization document; Citizenship card, identity card, passport or other lawful personal identification of the authorized representative of the organization member
– For foreign organization member, copies of enterprise registration certificates or equivalent documents must be consularly legalized;
- Certificate of investment registration.
An implementation time: 03 working days from the date of the date submitting valid dossiers
2.2. Procedures for declaring business information, engraving seal and announcing form of seal on the national enterprise registration portal:
- After being issued enterprise registration certificates, enterprises have to announce publicly them on the enterprise information portal about enterprise registration according to the order and procedures and paid fees according to the provisions of law.
- After receiving the enterprise registration certificate and publishing the enterprise establishment announcement, the enterprise carries out making seal at one of the engraving units licensed according to regulations of the Law
- After completing the seal, enterprises will announce the seal sample andupload the seal form on the national enterprise registration portal.
With lawyers and consultantsWho have well experienced in the field of enterprises consulting, Dai Ha Law has succeeded in advising and carrying out procedures to establish a new company; adjusting investment projects for many foreign invested enterprises. We are committed to providing our customers with satisfaction and the best results, benefits through our services. Dai Ha Law always accompanies you and represent to perform the following tasks:
- Providing legal support services about the establishment of new foreign invested enterprises, particularly the establishment of new foreign invested enterprises.
- Consulting legal regulations relating to the establishment or modification of investment projects of foreign invested enterprises in accordance with the law of Vietnam.
- Compiling dossiers andrepresenting customers to carry out the procedures for setting up or adjusting investment projects of foreign-invested enterprises at competent Vietnamese State agencies. As follows:
- Consulting legal regulations for various types of companies;
- Consultingto select and name companies;
- Consulting to choose the business registration of the company.
- Consulting model, management positions of the company;
- Consulting to adjust the content of investment projects in accordance with the Investment Law 2014.
- Consultingto share profit and solve arising obligations;
- Compiling a dossier for the establishment of a new foreign-invested enterprise;
- To compile the dossier of publication of the seal sample of the foreign-invested enterprise which are expected to be established;
- Compiling other relevant documents.
Dai Ha law commit:
After the company is established, Dai Ha Law will compile legal documents for enterprises (internal forms, tax forms, related forms following the request of customers)
Providing relevant legal documents as required;
Guiding pre-operation procedures;
Consulting the regular law for businesses
Please contact for advice and support.
In particular, Dai Ha Law is also a professional consultant in providing services to consult internal matters of enterprises, control the legality in contracts and transactions of the foreign-investedenterprises in Vietnam, etc.
LUẬT ĐẠI HÀ – DAI HA LAW FIRM
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