Requirements
Natural persons
Legal persons
Representatives
For all kind of investors:
1.
Registration/Request for issuance of investment certificate (Appx. I-3) (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 representatives (in accordance with Appendix I-9 of Circular 01/2013/TT-BKHDT) (original)
(applicable to one-member limited liability company)
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 (in accordance with Appendix I-7 of Circular 01/2013/TT-BKHDT) (original)
(applicable to joint stock company)
5.
MOU on land lease (original)
6.
Authenticated copy of Passport or Vietnamese ID card of legal representative of company to be set up
7.
Passport or Vietnamese ID card (original)
of the person who is submitting/collecting the documents to present at the counter
For individual investors, supplement:
1.
Authenticated copies of Passports or Vietnamese ID cards of individual investors
For corporate investors, supplement:
1.
Consular legalized copy of certificate of incorporation
2.
Certified translation of legalized copy of certificate of incorporation
3.
Consular legalized copy of company charter
4.
Certified translation of legalized copy of certificate of company charter
(Vietnamese version of legalized copy)
5.
Power of attorney (original)
by the investor to the authorized representative of the company to be established
6.
Authenticated copies of Passports or Vietnamese ID cards of authorized representatives
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 (original)
approving Vietnamese investor to use State capital in joint venture (if applicable)
If investment project having capital of 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.
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
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:
Min. 10 days - Max. 30 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.
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
7.
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
8.
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: 2 set (1 original).
+ For projects with investment capital of 300 billion VND and above: 4 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.
- Within three working days, HEPZA will check the application file. If the application file is incomplete, HEPZA will notify the investor in writing which amendments or additions are needed for the application to be accepted for assessment.
Who certified this information ?
Tan Phuoc NGUYEN, Vice Chairman of HEPZA,
20/03/2015