Requirements
Natural persons
Legal persons
Representatives
For all kind of investors
1.
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Request/ Registration for issuance of investment certificate (Appx.I-3) (original + Simple copy)
It must be fully filled, duly signed by individual investor or representative of corporate investor and sealed by corporate investor (holding company)
2.
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Report on financial capability (original + Simple copy)
has been prepared and liable for by the investor. The contents must clearly indicate the source of investment capital. Refer to the sample attached herewith for reference. Investor may submit a certified balance bank account (for individual investors or newly-established corporate investor) or financial statement (for the corporate investor) or other related documents proving the investor's ability to raise capital and/or the support of its parent company if any.
3.
Statement/ Presentation on investment project (original + Simple copy)
Investors are recommended to provide a statement/representation on his/her investment project which may contain the followings: investment objectives, location, scope, capital, feasibility, use of Vietnamese and foreign employees, anticipated progress of implementing investment project and other related issues. This must be fully and duly signed and sealed by investor(s).
4.
Draft company charter (original + Simple copy)
The samples are for reference only and may be changed by investors in accordance with the Law on Enterprise No. 60/2005/QH11 and its guidance. The company charter must be fully signed and sealed by all founding members or shareholders and by legal representative of the Company to be established.
5.
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Authenticated copy of passport or Vietnamese ID card of company's legal representative (original + Simple copy)
6.
Signed MOU/contract on office lease (original + Simple copy)
7.
Certificate of business registration (of lessor) (Simple copy + an authentic copy)
of the lessor which is a company having office leasing function by law.
For newly-established company in form of limited liability company with two members or more, limited liability company with one member being an entity and joint stock company, supplement:
1.
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List of company members (original + Simple copy)
It is applicable to limited liability company and in accordance with Appendix I-6 of Circular No. 01/2013/TT-BKHDT.
or
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List of authorized representatives (original + Simple copy)
It is applicable to limited liability company which has one member being an entity and in accordance with Appendix I-9 of Circular 01/2013/TT-BKHDT.
or
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List of founding shareholders (original + Simple copy)
It is applicable to shareholding company in accordance with Appendix I-7 of Circular No. 01/2013/TT-BKHDT.
For individual investor(s), supplement
1.
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Authenticated copy of passport or Vietnamese ID card of individual investor(s) (original + Simple copy)
2.
Legalized copy of bank statement (original + Simple copy)
It is not legal requirement but useful in any way to prove healthy financial status of investor. Please note that the balance must be at least equal to registered charter capital of the company. A bank statement issued by a foreign bank outside Vietnam must be consular legalized within three months before the date of submission of application file.
For corporate investor(s), supplement
1.
Legalized copy of certificate of incorporation (original + Simple copy)
Please note that it must be consular legalized within three months before the date of submission of the business registration application file.
2.
Certified translation of certificate of incorporation (original + Simple copy)
3.
Power of attorney (to investor's representative) (original + Simple copy)
In case corporate investor wishes to appoint a person other than investor's legal representative to register project in Vietnam, an appoinment letter, decision or PoA is required.
4.
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Authenticated copy of passport or Vietnamese ID card of investor's representative (original + Simple copy)
to prove the legal personality of the authorized representative of the corporate investor.
For establishment of joint venture companies between foreign investors and Vietnamese investors, please supplement:
1.
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Joint venture contract (original + Simple copy)
It is initiated 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). Please note that the Vietnamese version is mandatory.
For investment project having investment capital of three hundred (300) billion VND or more, supplement:
1.
Economic-technical explanatory statement (original + Simple copy)
For case that investors authorize other person to submit application file and receive result, please supplement:
1.
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Power of attorney to applicant (original)
In case where the applicant is neither legal representative of company to be established or authorized representative of investor, a power of attorney given by investor to such applicant is required.
Time frame
The date to obtain result is indicated in the document receipt and result return slip.
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 10mn - Max. 20mn
Waiting time until next step:
Min. 5 days - Max. 10 days
Legal justification
1.
Law No. 67/2014/QH13 dated November 26 of the National Assembly on Investment
articles 22, 33.1, 36.1.a, 37.2, 38
2.
Decree No. 118/2015/ND-CP of the Government dated November 12, 2015 providing guidelines for implementation of a number of articles of Law on Investment
articles 24, 28, 29
3.
Circular No. 16/2015/TT-BKHDT of the Ministry of Planning and Investment dated November 18, 2015 issuing standard forms for conducting investment procedures and report on investment in Vietnam
articles I.1, I.3
Additional information
Application file for an investment project shall be prepared in Vietnamese or both in Vietnamese and a commonly used foreign language. If there is any difference between the Vietnamese version and the foreign language version, the Vietnamese version shall be applied. It is made in two (02) sets, including: 01 set of originals and 01 set of copies. The investors can prepare the application file by themselves or they can require some local support (e.g. from law or consultancy firms).
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