Requirements
Natural persons
Legal persons
Representatives
A.FOR ALL KIND OF INVESTORS
1.
Request for investment project implementation (original)
2.
Report on financial capability (original)
certified by the investor(s)
3.
Draft of company charter (original)
Including signatures of legal representative(s), authorized representative(s), and:
- the owner (of one-member LLC)
- all members (of LCC with 2 or more members)
- all founding shareholders (of joint stock company)
4.
List of authorized representative(s) (original)
(applicable to one-member limited liability company which has more than 1 authorized representative)
or
List of company members (in accordance with Appendix I-6 of Circular 01/2013/TT-BKHDT) (original)
(applicable to limited liability company with 2 or more members)
or
List of founding shareholders (original)
(applicable to joint stock company)
5.
Authenticated copy of Passport or Vietnamese ID card of legal representative of company to be set up
6.
Notarized contract on office lease (an authentic copy)
or
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 (original)
of the person who is submitting the documents
I.For individual investors, supplement:
1.
Authenticated copies of Passports or Vietnamese ID cards of individual investors
2.
Consular legalized copy of bank statement (original)
3.
Certified translation of legalized copy of bank statement (original)
II.For corporate investors, supplement:
1.
Consular legalized copy of certificate of incorporation (original)
2.
Certified translation of legalized copy of certificate of incorporation (original)
3.
Consular legalized copy of latest audited financial statement (original)
4.
Certified translation of legalized copy of latest audited financial statement (original)
5.
Power of attorney (original)
by the investor to the authorized representative of the company to be established. Notarized if required
6.
Authenticated copies of Passports or Vietnamese ID cards of authorized representatives
III.For establishment of joint venture company between foreign investors and Vietnamese investors, supplement:
1.
Joint venture agreement (original)
initialed by the authorized representatives of the joint venture parties (foreign investors and Vietnamese investors) on each page and sign the last page in full.
2.
Written approval for using State capital in investment/joint venture (if applicable) (original)
approving Vietnamese investor to use State capital in joint venture
IV.For investment project having investment capital of three hundred (300) billion VND and above, 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.If the investors authorize other person to submit/collect documents, supplement:
1.
Power of attorney (original)
by the investors to the person submitting the application documents. Notarized if required
II.If the investors authorize service company to submit/collect documents, supplement:
1.
Service contract (original)
between the investor(s) and the company providing the service of submitting the documents
2.
Letter of introduction (original)
of service company for the person submitting application documents
Time frame
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 15mn - Max. 30mn
Waiting time until next step:
Max. 3 days
Legal justification
1.
Law No. 67/2014/QH13 dated 26/11/2014 of the National Assembly on Investment
articles 46, 47, 48, 50
2.
Law No. 68/2014/QH13 dated 26/11/2014 of the National Assembly on Enterprises
articles 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
articles 4, 6.2, 7.3, 40, 41, 44, 45, 49, 53, 54
4.
Decree 43/2010/ND-CP of the Government dated Apirl 15, 2010 on enterprise registration (EN)
articles 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
articles 1.1, 1.2
6.
Circular 01/2013/TT-BKHDT ( Expired. Replaced by Cir. 20/2015/TT-BKHDT)of the Ministry of Planning and Investment dated January 21, 2013 on business registration
articles 9, 15
7.
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 AppendixI-3
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 Vietnamese and recognized foreign language.
- All foreign documents must be legally authenticated/stamped by the Consular authorities and dated within 3 months of the date of application submission.
- MASD 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.