What is required documents to open a company in vietnam?

With the desire to attract investment and develop the economy, in recent years Vietnam has had many policies to encourage foreign investment along with the reduction of administrative procedures that have contributed to promoting the process of investment with foreign elements taking place quickly and effectively. Investors have realized the potential for development and are tending to increase investment activities in Vietnam in various forms such as: establishing a foreign-owned company in Vietnam, investing in capital contribution, buying shares, buying capital contributions … However, not all foreign investors can access Vietnamese law favorably, to solve the above difficulties, VAN LUAT LAW gives customers an article about the documents to be provided when investing in Vietnam, helping investors can invest in Vietnam in the form of direct investment, The form of indirect investment.

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Directinvestment form

Foreign investors can invest directly in Vietnam through the establishment of economic organizations.

1. Components of dossiers for projects that are not subject to approval of investment policies

– Written request for implementation of investment projects, including commitment to bear all costs and risks if the project is not approved.

– Documents on the legal status of investors.

– Documents proving the financial capacity of the investor include at least one of the following documents: the investor’s last 02-year financial statements; commitment to financial support of the parent company; commitment to financial support of financial institutions; guarantee of the financial capacity of the investor; other documents proving the financial capacity of the investor.

– The proposed investment project includes the following main contents: investors or forms of investor selection, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, progress of implementation, information on the current status of land use at the project implementation site and proposal of land use needs (if any), labor needs, proposals for investment incentives, impacts, socio-economic efficiency of the project, preliminary assessment of environmental impact (if any) in accordance with the law on environmental protection.

In case the law on construction provides for the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal..

– In case the investment project does not request the State to assign land, lease land, allow the transfer of land use purposes, submit a copy of the papers on land use rights or other documents determining the right to use the place for the implementation of the investment project..

– Contents of explanation of technology used in investment projects for projects subject to appraisal, obtaining opinions on technology in accordance with the law on technology transfer.

– BCC contract for investment projects in the form of BCC contracts.

– Other documents related to investment projects, requirements on conditions and capacity of investors in accordance with law (if any).

Competent agencies

– Department of Planning and Investment where the investor implements the investment project, places or is expected to set up an executive office to implement the investment project.

– Management board of industrial parks, export processing zones, hi-tech parks, economic zones for investment projects in industrial parks, export processing zones, hi-tech parks, economic zones.

1. Time limit: 15 working days from the date of receipt of the complete dossier
2. Result: Investment registration certificate.
3. Form of indirect investment

One of the most common forms of indirect investment in Vietnam is the form of capital contribution investment, share purchase, capital contribution purchase..

– Investors can contribute capital to economic organizations in the following forms:

+ Purchase of first issued shares or additional issued shares of joint stock companies.

+ Contribute capital to limited liability companies, partnerships.

+ Contribute capital to other economic organizations.

– Investors buy shares, buy capital contributions of economic organizations in the following forms:

+ Purchase of shares of a joint stock company from the company or shareholder.

+ Purchase of capital contributions of members of limited liability companies to become members of limited liability companies.

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

+ To purchase the contributed capital of members of other economic organizations that are not in the case specified in Points a, b and c of this Clause.

Dossier composition

– The written registration of capital contribution, share purchase, purchase of contributed capital include the following contents: information on enterprise registration of economic organizations that foreign investors are expected to contribute capital, buy shares, buy contribute capital; business lines and professions; list of owners, members, founding shareholders, list of owners, members, shareholders who are foreign investors (if any); percentage of ownership of charter capital of foreign investors before and after capital contribution, share purchase, purchase of capital contribution to economic organizations; the expected transaction value of the contract for capital contribution, share purchase, purchase of contributed capital; information about investment projects of economic organizations (if any).

– 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, purchasing capital contributions.

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– Written agreement on principles on capital contribution, share purchase, purchase of capital contribution between foreign investors and economic organizations with foreign investors contributing capital, buying shares, purchasing capital contributions or between foreign investors and shareholders or members of such economic organizations.

– Copies of land use right certificates of economic organizations with foreign investors contributing capital, purchasing shares, purchasing contributed capital (for cases specified in Point b Clause 4 Article 65 of Decree No. 31/2021/ND-CP).

1. Competent agencies: Department of Planning and Investment.
2. Time limit: 15 working days from the date of receipt of the complete dossier.
3. Results: A written notice shall be sent to foreign investors and economic organizations with foreign investors contributing capital, purchasing shares or purchasing capital contributions.

The above are the regulations related to records to provide when investing in Vietnam, hopefully the above information has brought useful knowledge to customers. If you have any problems related to the above issue, please contact The Law directly via phone number 0919 123 698 for advice and support. 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

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