Requirements
Natural persons
Legal persons
Representatives
A.FOR ALL KIND OF INVESTORS
1.
Request for investment project implementation (original + Simple copy)
2.
Draft of company charter (original + Simple copy)
signed by the legal representative and the investor on each page and on the ending page
3.
List of members (in accordance with Appendix I-6 of Circular 01/2013/TT-BKHDT) (original + Simple copy)
in case of limited liability companies with two or more members
or
List of authorized representatives (in accordance with Appendix I-9 of Circular 01/2013/TT-BKHDT) (original + Simple copy)
(in accordance with Appendix I-9 of Circular 01/2013/TT-BKHDT) (original)
in case of one-member limited liability companies having two or more authorized representatives of the owner
or
List of founding shareholders (original + Simple copy)
(in accordance with Appendix I-7 of Circular 01/2013/TT-BKHDT) (original)
in case of shareholding companies
4.
Financial Capability Report (made and be responsible by investors) (original + Simple copy)
This report can be replaced by the equivalent document to prove the financial capability as financial statement, bank statement of bank account...
5.
Authenticated copy of Passport or Vietnamese ID card of legal representative of company to be set up (an authentic copy)
6.
Legal documents certifying the land use right of location (an authentic copy)
(certificate of land use right and property attached to the land or certificate of business registration of the lessor)
7.
Passport or Vietnamese ID card of the person submitting application file (original)
To present at the counter
I.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 cards of individual investor (an authentic copy)
2.
Consular legalized copy of bank statement
3.
Certified translation of legalized copy of bank statement
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 to define legal status of the investor
2.
Certified translation of legalized copy of certificate of incorporation
or certificate of business registration or certificate of enterprise registration or equivalent documents to define legal status of the investors
3.
Consular legalized copy of latest audited financial statement
4.
Certified translation of legalized copy of latest audited financial statement
5.
Authorization document (original)
issued by the investor for the authorized representative in the company to be established
6.
Authenticated copies of Passports or Vietnamese ID cards of authorized representatives (an authentic copy)
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 in investment/joint venture (original)
approving Vietnamese investor’s use of State capital for the joint venture (if applicable)
IV.For investment projects having invested capital of three hundred (300) billion VND or more, supplement:
1.
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
C. ADDITIONAL DOCUMENTS REQUIRED if an authorized staff submits the application
I.For case that investors authorize other person to submit application file and receive result, supplement:
1.
Power of attorney (original)
by the investors to the person submitting the application documents
II.If the investors authorize service company to submit/collect documents, supplement:
1.
Service contract (original)
2.
Letter of introduction (original)
of service company for the person submitting application documents
Time frame
Average duration is 15 days. Depending on the required legal document checking and number of apllication files from time to time, It might vary up to 40 days maximun
Waiting time in queue:
Min. 15mn - Max. 30mn
Attention at counter:
Min. 15mn - Max. 30mn
Waiting time until next step:
Min. 10 days - Max. 40 days
Legal justification
1.
Law No. 67/2014/QH13 dated 26/11/2014 of the National Assembly on Investment
Article 46;47;48;50
2.
Law No. 68/2014/QH13 dated 26/11/2014 of the National Assembly on Enterprises
Article 15;18;19;20;22;23
3.
Decree 108/2006/ND-CP dated 22/11/ 2006 (EN) providing guidelines for implementation of a number of articles of Law on Investment
Article 4;6.2;7.3;8;40;41;44;45;49;53;54;58
4.
Decree 43/2010/ND-CP of the Government dated Apirl 15, 2010 on enterprise registration (EN)
Article 5;20;21;24;25
5.
Decree 05/2013/ND-CP dated 09/01/2013 of the Government (EN) 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
Article 1.1;1.2
6.
Decision 1088/2006/QD-BKH (expired, replaced by Cir. 16/2015/TT-BKHDT) 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 01/2013/TT-BKH ( Expired. Replaced by Cir. 20/2015/TT-BKHDT) dated 21/01/2013 of Ministry of Planning and Investment (EN) on guiding enterprise registration
Article 9;15
8.
Decision 175/2006/QĐ-UBND of PPC of Hochiminh City dated 05/12/2006 on functions, duties and authorities of NWMA
Article 2.đ
9.
Decree No. 164/2013/ND-CP (Expired) of the Government dated November 12, 2013 amending and supplementing a number of Articles of the Government’s Decree No. 29/2008/ND-CP dated March 14, 2008, providing for industrial parks, export processing zones and economic zones
Article 1.21
Additional information
Number of Documents needed:
+ For projects with investment capital up to 300 billion VND: 4 set (1 original).
+ For projects with investment capital of 300 billion VND and above: 8 set (1 original).
- Languages: in Vietnamese or in English and recognized foreign language.
- All foreign documents must be legally stamped by the Consular authorities and dated within 3 months of the date of application submission.
- NWMA has maximum of 15 business days (applicable to projects with capital up to 300 billion VND) or 30 business days (applicable to projects with capital of 300 billion VND and above) to issue the certificate.
The appointment for investor to come back and collect the investment certificate is written in the 'receipt of application for investment certificate'.
Who certified this information ?
Minh Cuong HUYNH, Vice Chairman of NWMA,
05/05/2015
