Requirements
Natural persons
Legal persons
Representatives
For all types of investors
1.
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Request/ Registration for issuance of investment certificate (Appx.I-3) (original)
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)
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)
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)
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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List of company members (original)
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 founding shareholders (original)
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.
or
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List of authorized representatives (original)
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.
6.
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Authenticated copy of passport or identity card of company's legal representative
7.
Authenticated copy of approval of investment site
8.
Authenticated copy of approval for investment intent
9.
Passport or Vietnamese ID card of the applicant (original)
to present at the counter
For individual investor(s), supplement:
1.
Authenticated copy of passport of individual investor(s)
2.
Legalized copy of bank statement
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
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
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
3.
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Consular legalized copy of 2 latest years audited financial report
It is not legal requirement but useful in any way to prove healthy financial status of investor. It is recommendated to submit an audited financial statement in the last three years if any.
4.
Certified translation of 2 latest years audited financial report
5.
Power of attorney (to investor's representative) (original)
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.
6.
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Authenticated copy of passport of investor's representative
to prove the legal personality of the authorized representative of the corporate investor.
For establishment of an joint venture company between foreign investor(s) and Vietnamese investor(s), supplement:
1.
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Joint venture contract (original)
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.
2.
Written approval for using State capital in investment/joint venture (original)
approving Vietnamese investor’s use of State capital for the joint venture (if applicable)
For investment project having investment capital of three hundred (300) billion VND or more, supplement:
1.
Economic-technical explanatory statement (original)
For case that investors authorize other person to submit application file and receive result, 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 from investor to such applicant is required.
Time frame
In principle, no later than the 10th working day from the date of receipt of valid application file, result shall be issued by Vinh Phuc People's Committee if an investment project is approved. In fact, time frame could be prolonged than 10 working days if supplementary document(s) is required 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. 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 9
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 01 set of application in original for the project having investment capital of less than three hundred (300) billion VND; or 08 sets of application, including: 01 set of originals and 07 sets of simple copies for the project having investment capital of three hundred (300) billion VND or more.
The investors can prepare the application file by themselves or they can require some local support (e.g. from law or consultancy firms).
Please note that in some cases, investors may add further documents to clarify their investment project if they wish so or as per extra request 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.
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