Dossier for establishing foreign enterprise in Vietnam

According to the Law on Enterprise 2020 and the Law on Investment 2020, to establish enterprises in Vietnam, foreign investors need to claim the Certificate of Investment Registration and the Certificate of Business Registration.

• A written request for permission for investment project execution;
• If an investor is an individual: a copy of ID card or passport;
• If an investor is an organization: a copy of the Certificate of establishment or equivalent paper which can certify the legal status;
• Investment proposal, which specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital raising, location, and duration of investment, labor demand, request for investment incentives, assessment of socio-economic effects of the project;
• Copies of any of the following documents: financial statement of the last two years of the investor; financial support commitment of the parent company; financial support commitment of a financial institution; guarantee for investor’s financial capacity; description of investor’s financial capacity;
• Demand for land use: if the project does not use land allocated or leased out or permitted to change land purposes by the State, a copy of the lease agreement or other documents certifying the investor has the right to use that location to execute the project;
• For the project use technologies on the List of technologies restricted from transfer: Explanation of application of technologies, which specifies: names of technologies, origins, technology-process diagram, primary specifications, conditions of machinery, equipment, and primary technology line;
• For the project executed under the Business Cooperation Contract: the Business Cooperation Contract.

Dossier for the Certificate of Business Registration depends on the enterprise type, but it contains some main documents as below:

• A written request for business registration;
• Company’s charter;
• For limited liability company: the list of members;
• For joint-stock company: the list of founding shareholders and foreign shareholders;
• If members or founding shareholders or foreign shareholders are individuals: ID cards, passports;
• If members or founding shareholders or foreign shareholders are organizations: decisions on the establishment, the Certificate of Business Registration or equivalent paper, power of attorney; ID card, passport or equivalent papers of the authorized representative of organizations;
• The Certificate of Investment Registration of each foreign investor.

Notice: According to Decree No. 111/2011/NĐ-CP on consular certification and legalization, all the foreign documents (including passport) must be consular legalized to be valid for usage in Vietnam.

Foreign investors who plan to invest in Vietnam by establishing foreign enterprises here, please contact Viet An Law Firm to be supported and get legal advice!