Requirements
Natural persons
Corporate investor
Representatives
A. For all types of investors:
1.
Request for investment project implementation (original)
2.
Company charter (original)
signed by the legal representative and the investor on each page and on the ending page
3.
List of members (original)
in case of limited liability companies with two or more members
or
List of authorized representatives (original)
in case of one-member limited liability companies having two or more authorized representatives of the owner
or
List of founding shareholders (original)
in case of shareholding companies
4.
Authenticated copy of passports or Vietnamese ID cards of new company legal representative
or submitting a simple copy and presenting the original
5.
MOU or contract on office lease (original)
6.
Legal documents proving ownership or use right to location (an authentic copy)
It's usually required certificate of land use right and property attached to the land and certificate of business registration of the lessor which is a company having office leasing function by law
7.
Passport or Vietnamese ID card of the person submitting application file (original)
to present at the counter
I. For foreign individual investors, supplement: (for Vietnamese individual investors, the legalized copy and Vietnamese version of following documents shall be replaced by authenticated copy only)
1.
Authenticated copy of passport or Vietnamese ID card of individual investor
or submitting a simple copy and presenting the original
2.
Consular legalized copy of bank statement
3.
Certified translation of legalized copy of bank statement
II. For foreign corporate investors, supplement (for Vietnamese corporate investors, the legalized copy and Vietnamese version of following documents shall be replaced by authenticated copy only)
1.
Consular legalized copy of certificate of incorporation
or certificate of business registration or certificate of enterprise registration or equivalent documents to define legal status of the investors
2.
Certified translation of legalized copy of certificate of incorporation
or certificate of business registration or certificate of enterprise registration or equivalent documents to define legal status of the investors
3.
Consular legalized copy of 2 latest years audited financial report
4.
Certified translation of legalized copy of 2 latest years audited financial report
5.
Authorization document (original)
issued by the investor for the authorized representative in the company to be established
6.
Authenticated copy of passport or Vietnamese ID card of the authorized representative
or submitting simple copy and presenting the original
III.For establishment of joint venture companies between foreign investors and Vietnamese investors, supplement:
1.
Joint venture agreement (original)
initialed on each page and signed at the end of the contract by the authorized representatives of the joint venture parties (foreign investors and Vietnamese investors)
2.
Written approval for using State capital (original)
in case that Vietnamese investor’s use of State capital for the joint venture
IV. For investment projects having invested capital of three hundred (300) billion VND or more, supplement:
1.
Economic-technical explanatory statement (original)
comprising the following main items: objectives, scale, location of investment, invested capital, schedule for implementation of the project, land use requirements, and technological and environmental solutions
V. For case that investors authorize other person to submit application file and receive result, supplement:
1.
Power of attorney (1) (original)
given by the investors to the person submitting the application file
Time frame
For investment projects having investment capital of less than three hundred (300) billion VND, the Investment Certificate will be issued within 15 working days as from the date that the investor submits complete application file and for investment projects having investment capital of three hundred (300) billion VND or more, the Investment Certificate will be issued within 25 working days as from the date that the investor submits complete application file.
The duration of collecting Investment Certificate will be indicated in the receipt of application file.
In some special cases, if the application file is complete the investment certificate can be issued in one day.
Waiting time in queue:
Max. 10mn
Attention at counter:
Min. 5mn - Max. 30mn
Waiting time until next step:
Min. 1 day - Max. 25 days
Legal justification
1.
Law No. 59/2005/QH11dated 29/11/2005 of National Assembly on Investment
articles 46, 47, 48, 50
2.
Law No. 60/2005/QH11dated 29/11/2005 of National Assembly on Enterprises
articles 15, 18, 19, 20, 22, 23
3.
Decree No. 108/2006/ND-CP of the Government dated 22 september 22, 2006 providing guidelines for implementation of a number of articles of Law on Investment
articles 4, 6.2, 7.3, 8, 40, 41, 44, 45, 49, 53, 54, 58
4.
Decree No. 43/2010/ND-CP of the Government dated Apirl 15, 2010, on enterprise registration
articles 5, 20, 21, 24, 25
5.
Decree No. 05/2013/ND-CP of the Government dated January 09, 2013, amending and supplementing a number of articles of provisions on administrative procedures of Government’s Decree No. 43/2010/ND-CP, of April 15, 2010, on enterprise registration
articles 1.1, 1.2
6.
Decree No. 164/2013/ND-CP of the Government dated November 12, 2013 amending and supplementing a number of Articles of the Government’s Decree No. 29/2008/ND-CP dated March 14, 2008, providing for industrial parks, export processing zones and economic zones
Article 1.21
7.
Circular No. 01/2013/TT-BKHDT of the Ministry of Planning and Investment dated January 21, 2013 on business registration
articles 9, 15
8.
Decision No. 1088/2006/QD-BKH of the Ministry of Planning and Investment dated October 19, 2006, issuing standard forms for conducting investment procedures in Vietnam
Article apdx.I-3
9.
Decision No. 63/2009/QD-UBND of Hanoi People's Committee dated April 27, 2009 on functions, duties and authorities of HIZA
Article 2
Additional information
Number of sets of an application file:
- For investment projects having investment capital of less than three hundred (300) billion VND: 1 original set.
- For investment projects having investment capital of three hundred (300) billion VND or more: 4 sets, including at least 1 original set.
Notes:
a. All foreign documents must be consularly legalized and translated into Vietnamese.
b. Copy of certificate of incorporation, certificate of business registration or equivalent document to define legal status of corporate investors must be the copy that has been consularly legalized within 3 months prior to the date of submitting application file.
c. We only describe here the requirements to be applied to non-conditional investment projects and non-conditional business lines
Who certified this information ?
Quang Long LE (MR.),
05/11/2014
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