Requirements
Natural persons
Corporate investor
Representatives
To be applied to non-conditional investment projects and non-conditional business lines.
For all types of investors:
1.
Request for investment project implementation (original)
2.
Economic-technical explanatory statement (original)
3.
Report on financial capability (original)
made by the investors
4.
Draft company charter (original)
signed by the legal representative and the investor on each page and on the ending page
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.
Passport or Vietnamese ID card of the person submitting application file
to present at the counter
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
2.
Consular legalized copy of bank statement
3.
Certified translation of legalized copy of bank statement
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.
Consular legalized copy of 2 latest years audited financial report
or financial report statement or cash flow statement or decision on project approval of investor...
4.
Certified translation of legalized copy of 2 latest years audited financial report
or financial report statement or cash flow statement or decision on project approval of investor...
5.
Power of attorney (2) (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
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
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 10 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 20 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.
Waiting time in queue:
Min. 5mn - Max. 1h
Attention at counter:
Min. 15mn - Max. 30mn
Waiting time until next step:
Min. 10 days - Max. 20 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.
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
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. 98/2009/QD-TTg dated July 27, 2009 on regulating functions, tasks, rights and organizational structure of the Management Board of Hoa Lac High-Tech Park under the Ministry of Science and Technology
Article 2.9
9.
Decision No. 01/QD-CNCHL dated January 02, 2014 on investment procedure in Hoa Lac High Tech Park
Article apdx.I.3
Additional information
Number of sets of an application file:
- For investment project having investment capital of less than three hundred (300) billion VND: 01 original set.
- For investment project having investment capital of three hundred (300) billion VND or more: 04 sets, including at least 01 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 of corporate investors must be the copy that has been consularly legalized within 03 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.
Who certified this information ?
Trung Quynh NGUYEN (MR.), Deputy Director,
27/11/2014
