Requirements
Natural persons
Legal persons
Representatives
For all kind of investors
1.
Application 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)
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.
Statement/ Presentation on investment project (original + Simple copy)
It is recommended that investors should provide a statement/representation on investment project which may contain the followings: investment objectives, location, scope, capital, feasibility, use of Vietnam and foreign employees, anticipated progress of implementing investment project and other related issues. It 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.
Authenticated copy of MoU on land lease (Simple copy + an authentic copy)
Investors are highly recommended to attach to the application file legal documents indicating the followings: 1) the address and/or location of the investor’s head office and 2) legal status of the landlord. This could be an authenticated copy of the land lease contract and/or MoU or any legal document showing legal right to use the land site of the landlord. These legal documents serve for the purpose of geographical areas administration and justification of the legal status of the investment location.
6.
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Authenticated copy of passport or Vietnamese ID card of company's legal representative (Simple copy + an authentic copy)
7.
Passport or Vietnamese ID card of the applicant (original)
to present at the counter
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 (LLC) and in accordance with Appendix I-6 of Circular No. 01/2013/TT-BKHDT.). It must be duly signed and sealed by each members in column 14 and by legal representative of the company at the end.
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. It must be duly signed and sealed by each members in column 13 and by legal representative of the company at the end.
or
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List of founding shareholders (original + Simple copy)
It is applicable to shareholding companies and in accordance with Appendix I-7 of Circular No. 01/2013/TT-BKHDT. It must be duly signed and sealed by each shareholder in column 20 and by legal representative of the company at the end
For individual investor(s), supplement:
1.
Authenticated copy of passport or Vietnamese ID card of individual investor(s) (Simple copy + an authentic copy)
2.
Legalized copy of bank statement (original + Simple copy)
It is applicable in case of bank statement issued by a foreign bank outside Vietnam. 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. It must be consular legalized within three months before the date of submission of application file.
3.
Certified translation of bank statement (original + Simple 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 + 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 (Simple copy + an authentic copy)
to prove the legal identity of the authorized representative of the corporate investor.
For establishing a joint-venture company between foreign and Vietnamese investor(s), 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)
If the person who submits the application and receives the results of the application is neither legal representative of the company to be established or authorized representative of investor, supplement:
1.
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Power of attorney to applicant (original)
A power of attorney from investor to the applicant is required.
Time frame
Pursuant to Decision No. 41/2012/QD-UBND, the result is issued by Industrial Zones Management Board no later than day 10 after the date of receipt of valid application file provided that the project is accepted. In fact, from time to time, it might be issued at day 15.
Also note that the waiting time until next step is counted from the date of receipt of complete and valid application files. Hence, it may even be more than 15 working days where investor(s) are requested to provide supplementary documents to clarify its investment projects in the process of application appraisal at Vinh Phuc IPA.
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 10mn - Max. 20mn
Waiting time until next step:
Min. 10 days - Max. 15 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
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 files 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 be applied.
Investor shall submit 02 sets of application for the project having investment capital of less than three hundred (300) billion VND, including: 01 set of originals and 01 set of copies with red stamp; or 04 sets of application for the project having investment capital of three hundred (300) billion VND or more, including: 01 set of originals and 03 sets of copies with red stamp.
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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