Requirements
Natural persons
Corporate investor
Representatives
To be applied to non-conditional investment projects and non-conditional business lines.
A. For all types of investors:
1.
Request for investment project implementation (original)
2.
Report on financial capability (original)
made by the investors
3.
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.
4.
Draft company charter
having all signatures of the legal representative and of members or their authorized representatives for limited liability companies with two or more members; of founding shareholders or their authorized representatives, for share holding companies; of owner for one-member limited liability companies
5.
List of members (original)
in case of limited liability companies with two or more members
or
List of founding shareholders (original)
in case of shareholding companies
or
List of authorized representatives (original)
in case of one-member limited liability companies having two or more authorized representatives of the owner
6.
Authenticated copy of passports or Vietnamese ID cards of new company legal representative
7.
Document on investor appointment (an authentic copy)
or
Written in-principle approval on land use purpose conversion of competent State agency (an authentic copy)
8.
Passport or Vietnamese ID card of the person submitting application file (original)
to present at the counter
I. For individual investors, supplement:
1.
Authenticated copy of passport or Vietnamese ID card of individual investor
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
2.
Certified translation of legalized copy of certificate of incorporation
or certificate of business registration or certificate of enterprise registration or equivalent documents
3.
Power of attorney (2) (original)
issued by the investor for the authorized representative in the company to be established
4.
Authenticated copy of passport or Vietnamese ID card of the authorized representative
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)
approving Vietnamese investor’s use of State capital for the joint venture (if applicable)
IV. 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
or
Service contract (original)
with service company in case that investors authorize service company to submit application file and receive result
2.
Letter of introduction (original)
of service company to the person submitting application file
Time frame
Waiting time in queue:
Min. 5mn - Max. 1h
Attention at counter:
Min. 15mn - Max. 30mn
Waiting time until next step:
Max. 3 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.
Circular No. 01/2013/TT-BKHDT of the Ministry of Planning and Investment dated January 21, 2013 on business registration
articles 9, 15
7.
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
Additional information
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 of corporate investors must be the copy that has been consularly legalized within 3 months prior to the date of submitting application file.
c. Foreign passports can be authenticated by any district level people’s committee with no need for consular legalization.
Number of sets of an application file:
- For investment projects subject to investment registration: 1 original set.
- For investment project subject to investment evaluation: 8 sets, including at least 1 original set.
Investment projects subject to registration to issue Investment Certificate are projects having investment capital below VND 300 billion and not in sectors in which investment is conditional provided for in Article 29 of Law on Investment and Appendix III of Decree 108/2006/ND-CP and projects not using land.
Investment projects subject to investment evaluation to issue Investment Certificate are:
- (i) Projects having investment capital of VND 300 billion or more and not in sectors in which investment is conditional; (ii) Projects having investment capital below VND 300 billion and in sectors in which investment is conditional provided for in Article 29 of Law on Investment and Appendix III of Decree 108/2006/ND-CP; (iii) Projects having investment capital of VND 300 billion or more and in sectors in which investment is conditional provided for in Article 29 of Law on Investment and Appendix III of Decree 108/2006/ND-CP.
- Projects not in sectors that Vietnam has not committed in International Treaty in which Vietnam is a member.
- Manufacturing and using land projects.
- Projects in sectors in which investment is conditional provided for in specialized law.
Who certified this information ?
Huu Luong NGUYEN (MR.),
21/11/2014
.jpg)
.jpg)
