Requirements
Natural persons
Legal persons
Representatives
For all kind of investors
1.
Request/ Registration for issuance of investment certificate (Appx.I-1) (2 original )
It must be fully filled, duly signed by individual investor or representative of corporate investor and sealed by corporate investor (holding company).
2.
_14x18.png)
Report on financial capability (2 original )
It is prepared by investors and for which investors shall be liable. Its contents must clearly indicate the source of investment capital. Please find the sample attached herewith for reference. Investor may submit a certified balance bank account (for individual investors or newly-established corporate investors) or financial statement (for the corporate investors)] or other related documents proving the investor's ability to raise capital and/or the support of its parent company if any.
3.
Business Cooperation Contract (2 original )
Competent representatives of business cooperation parties shall initial on every page and sign at the end of their contract. A business cooperation contract between a Vietnamese party and a foreign party takes effect on the date of grant of the investment certificate.
4.
Mou/Contract on office lease (original + Simple copy)
For individual investor(s), supplement:
1.
_4 1_14x18.jpeg)
Authenticated copy of passport or Vietnamese ID card of individual investor(s) (2 authentic copies)
2.
Legalized copy of bank statement (original + an authentic 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.
3.
Certified translation of bank statement (original + an authentic copy)
It is applicable in case of bank statement issued by a foreign bank outside Vietnam.
For corporate investor(s), supplement:
1.
Legalized copy of certificate of incorporation (original + an authentic 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 + an authentic copy)
3.
Power of attorney (to investor's representative) (original + an authentic 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.
_3 1_3_14x18.jpeg)
Authenticated copy of passport or Vietnamese ID card of investor's representative (2 authentic copies)
to prove the legal personality of the authorized representative of the corporate investor.
For case that investors authorize other person to submit application file and receive result, supplement:
1.
_14x18.png)
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 from investor to such applicant is required.
Time frame
In principle, subject to Decision No. 41/2012/QD-UBND, no later than 10 working days after the date a valid application file has been received, the result shall be issued by Industrial Zones Management Board if an investment project is approved. In fact, this time frame could be longer and extended to 15 working days if supplementary document(s) is required in order to make clear of the submitted investment project.
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 10mn - Max. 20mn
Waiting time until next step:
Min. 9 days - Max. 10 days
Legal justification
1.
_14x18.png)
Law No. 59/2005/QH11dated 29/11/2005 of National Assembly on Investment
articles 23, 45, 46, 47, 48
2.
_14x18.png)
Decree No. 108/2006/ND-CP of the Government dated 22 september 22, 2006 providing guidelines for implementation of a number of articles of Law on Investment
articles 9, 44, 45, 49, 55
3.
Decision No. 1088/2006/QD-BKH of the Ministry of Planning and Investment dated October 19, 2006, issuing standard forms for conducting investment procedures in Vietnam
Article Appx.I-1
4.
Decision No. 41/2012/QD-UBND Regulation on “one stop service” administrative procedure settlement on direct investment projects at Vinh Phuc Investment Promotion Agency
Article 8
Additional information
The application file of 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 prevail. Investors can prepare the application file by themselves or require some local support (e.g. from law or consultancy firms).
Note that in some cases, investors may add further documents to clarify their investment project if they wish so or as per ad hoc request(s) of the unit in charge, such as: decision and/or meeting minutes of founding member(s)/shareholders on company establishment; decision of investor(s) on investment project; or shareholder agreement, etc.
_4 1.jpg)
_3 1_3.jpg)
