Documents To Be Provided When Establishing A Company In Vietnam

With development, the need for openness and integration is increasing. Vietnam has always been an attractive destination for foreign investors. Currently, there are two forms for foreign investors to invest in Vietnam: direct investment and indirect investment. Depending on the type of investor must follow different procedures. The article below will send you the documents to provide when establishing a company in Vietnam in both direct and indirect investment.

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DIRECT INVESTMENT: is the form in which investors invest and directly take control and use their own capital contributions in business investment activities.

One of the forms that foreign investors choose when investing directly in Vietnam is the establishment of an economic organization. In order to establish an economic organization in Vietnam, foreign investors must carry out procedures for applying for investment registration certificates and business registration certificates. The application is as follows:

Dossiers of application for investment registration certificates include:

• Written request for implementation of the project;
• A copy of id card, id card or passport with an individual investor; copies of establishment certificates or other equivalent documents confirming legal status with institutional investors;
• Proposing investment projects or pre-feasibility study reports;
• Documents proving financial capacity: Financial statements for the last 02 years; 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 financial capacity;
• In case the 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 confirming that the investor has the right to use the place for the implementation of the investment project;
• Explaining the use of technology with projects subject to appraisal and obtaining opinions on technology in accordance with the law on technology transfer;
• BCC contract for investment projects in the form of BCC contracts.

Dossiers of registration for establishment of foreign-invested companies include:

• The application for enterprise registration;
• Company charter;
• A valid copy of one of the personal endorsement papers of the foreign investor is the individual, the legal representative, the capital contributing members (for the Limited Company) or the founding shareholders (for the Joint Stock Company);
• Copies of establishment certificates or other equivalent documents confirming legal status for investors who are organizations;
• List of company members for limited liability companies of two or more members or the List of founding shareholders and the list of shareholders who are foreign investors for joint stock companies;
• A copy of the Investment Registration Certificate;
• Written appointment of individuals as authorized representatives of owners, members and shareholders who are organizations (if any);

INDIRECT INVESTMENT:

First, the company will establish a 100% Vietnamese-owned company.

Dossiers for being granted business registration certificates:

• The application for enterprise registration;
• Company charter;
• Copies of establishment certificates or other equivalent documents confirming legal status for investors who are organizations; a copy of the id if the member or owner is an individual.
• List of company members for two or more member limited liability companies or list of shareholders for joint stock companies;

After that, the foreign enterprise will contribute capital of over 51% to the company.

Dossiers of registration of capital contribution, purchase of shares and capital contributions:

–       The written registration of capital contribution, share purchase and capital contribution includes the following contents: information on economic organizations that foreign investors are expected to contribute capital, buy shares, contribute capital; the percentage of ownership of charter capital of foreign investors after contributing capital, buying shares, capital contribution to economic organizations;

–       Copies of identity cards, IDs or passports for investors who are individuals; a copy of the Certificate of Establishment or other equivalent document confirming the legal status of the investor as an organization.

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Above is the profile that customers need to provide when there is a need to set up a company in Vietnam. If you are still experiencing any difficulties, please contact us for assistance as soon as possible. With dedication and experienced team, we are honored to bring the best service to you.

The source: https://thuvienphapluat.vn/