Service Charges When Establishing A Company In Vietnam

How much is the service fee for setting up a company in Vietnam?

Under current Vietnamese law, investors can open companies in Vietnam in the form of direct investment or indirect investment. Each form of investment has differences in terms of conditions, order of implementation procedures, costs … This can be difficult for foreign investors. Therefore, VAN LUAT LAW gives customers articles related to these issues to help customers better understand the legal regulations and conduct investments in Vietnam in a convenient and safe way.

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Form of direct investment

In accordance with current Vietnamese law, foreign investors who wish to invest directly by establishing a company in Vietnam will include the following steps:

Step 1: Carry out the procedure for applying for an Investment Registration Certificate (IRC)

Step 2: Carry out procedures for establishing a foreign-invested company in Vietnam

Carry out procedures for applying for investment registration certificates (IRC)

1.1. Competence

– Department of Planning and Investment

– Management board of industrial parks, export processing zones, hi-tech parks, economic zones

1.2. Order and procedures

a) For projects subject to application for approval of investment policies and issuance of investment registration certificates

Within 05 days from the date of receipt of the decision approving the investment policy, the competent authority shall issue the Investment Registration Certificate to the investor.

Ø The investment project is subject to applying for approval of the investment policy: See details in Articles 30, 31, 32 of the Investment Law and guiding documents.

b) For investment projects that are not subject to approval of investment policies but need to have an investment registration certificate

The investor shall submit 01 set of dossiers to the Department of Planning and Investment where the project is implemented to request the issuance of the Investment Registration Certificate. Within 15 days from the date of receipt of a valid dossier and meeting the prescribed conditions, the investor shall be granted an Investment Registration Certificate. The profile includes:

– Written request for the implementation of the investment project.

– Documents on the legal status of the investor.

– Documents proving the financial capacity of the investor.

– Proposed investment project.

– The contents of the explanation of the technology used in the project for the project need to be appraised and consulted on the technology in accordance with the law on technology transfer.

– Other documents related to the investment project, requirements on the conditions and capacity of the investor (if any).

c) For projects that are not subject to the issuance of investment registration certificates

Projects that are not subject to the issuance of investment registration certificates, but investors wishing to submit their dossiers to the investment registration agency to be granted within 15 days, the dossiers include:

– Written offer.

– A valid copy of the decision approving the investment policy.

– Valid copy of the investor approval decision (if any).

Service Charges When Establishing A Company In Vietnam

Carry out procedures for applying for a Business Registration Certificate (ERC)

2.1. Dossier composition

Preparing dossiers in accordance with the law on establishment of enterprises corresponding to the type of company (One member Limited Company, Two or more Member Limited Company, Joint Stock Company …) foreign investors open in Vietnam

2.2. Submit an application at: Department of Planning and Investment where the investor intends to open the company.

2.3. Time limit: 03 working days from the date the competent authority receives the full dossier

2.4. Results: Certificate of Enterprise Registration (ERC)

Form of indirect investment

In addition to direct investment, investors can invest indirectly in Vietnam through the form of capital contribution, share purchase, capital contribution to economic organizations.

Indirect forms of investment
a) Investors may contribute capital to economic organizations in the following forms:

– Purchase of first-time issued shares or additional issued shares of joint stock companies.

– Contribute capital to limited liability companies, partnerships.

– Contribute capital to another economic organization.

b) Investors shall purchase shares or purchase capital contributions of economic organizations in the following forms:

– Buy shares of joint stock companies from the company or shareholders.

– Buy the capital contribution of a member of a limited liability company to become a member of a limited liability company.

– Buy the capital contribution of the member contributing capital in the cooperation company to become a capital contributing member of the partnership company.

– Buy capital contributions of members of other economic organizations.

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Procedures

2.1. Dossier composition

– Written registration of capital contribution, share purchase, purchase of contributed capital.

– Copies of legal papers of individuals and organizations contributing capital, purchasing shares, purchasing capital contributions and economic organizations with foreign investors contributing capital, buying shares, buying contributed capital.

– Written agreement on principles on capital contribution, share purchase, purchase of capital contribution between foreign investors and economic organizations.

– A copy of the certificate of land use right of an economic organization with foreign investors contributing capital, buying shares, buying contributed capital (in case of law)

2.2. Implementation agency: Department of Planning and Investment.

2.3. Time: 15 days from the date the competent authority receives the complete dossier.

Above is the basic information about the form of direct investment, the form of indirect investment in Vietnam that Van Law wants to provide to customers. In addition, we often receive questions about the cost of setting up a company in Vietnam, which must be the top concern of investors in addition to the regulations on investment procedures. In fact, currently, the service fee is not fixed because it depends on the business lines and policies in Vietnam at the time when investors want to invest. So please contact The Thousand Laws directly through the phone number 0919 123 698 for detailed service charges for each specific case. With a team of enthusiastic, dedicated and experienced lawyers, VAN LUAT LAW is pleased to support and become a reliable companion of customers in the coming time.

Content quoted from source: thuvienphapluat.vn