Establish a company in Ba Ria – Vung Tau

Ba Ria – Vung Tau is in an exceptional location, the gateway of the Southeast provinces facing the East Sea has strategic significance in international maritime routes and has a large seaport system as the access point. with countries in Southeast Asia and the world; The West borders Ho Chi Minh City; The North borders Dong Nai province; The East borders Binh Thuan province; The South borders the East Sea, with a 305 km coastline, including many beautiful beaches. This is a favorable condition for the strong development of island tourism. Ba Ria-Vung Tau has rich and diverse natural resources that have the potential for rapid and comprehensive development of economic sectors such as oil and gas, ports and shipping, seafood production and processing, and especially travel. There is road, sea, and air traffic that is developed quite synchronously, which is a favorable condition for the exchange and development of tourism, trade, and investment cooperation at home and abroad.

According to statistics, Ba Ria-Vung Tau province reports that by the end of May 2023, the province will have 1,532 newly registered businesses, attracting 32 new domestic and foreign investment projects. By the end of October 2023, the province has 457 foreign investment projects with a registered investment capital of about 31.4 billion USD and 694 domestic investment projects with a total registered investment capital of more than 371,693 billion VND. To support and accompany businesses that want to establish a business in Ba Ria – Vung Tau province, below Viet An Law Firm, would like to guide the procedures to establish a company in Ba Ria – Vung Tau is as follows:

Procedures for establishing a foreign direct investment (FDI) company in Ba Ria-Vung Tau

Step 1: Prepare documents for the Investment Registration Certificate

The dossier to request the issuance of an Investment Registration Certificate includes:

• Document requesting implementation of the investment project.
• Documents proving legal status:
• For organization investors: copy of the Establishment Certificate or other equivalent document certifying the legal status of the institutional investor.
• For individual investors: Copy of ID card or passport for individual investors.
• Investment project proposal includes the following contents: investor implementing the project, investment objective, investment scale, and investment capital. and capital mobilization plan, location, deadline, investment progress, labor needs, proposals for investment incentives, and assessment of the project’s socio-economic impact and efficiency.
• Document proving the investor’s financial capacity:
• For organization investors: the investor’s 02 most recent financial statements. Or commit to financial support from the parent company. Or commit to financial support from a financial institution. Or guarantee the investor’s financial capacity. Or documents explaining the investor’s financial capacity.
• For individual investors: confirm account balance, and savings book;
• Head office lease contract, Documents proving the lessor’s leasing rights (Certificate of land use rights, Construction permit, Enterprise registration certificate with real estate business function of the lessor or equivalent documents).
• Propose land use needs; In case the project does not request the State to allocate land, lease land, or allow a change of land use purpose, submit a copy of the location lease agreement or other documents certifying that the investor has the right to use the location for implementation. current investment project;
• Explanation on the use of technology in investment projects for projects using technology on the List of technologies restricted from transfer according to the provisions of the law on technology transfer, including the following contents: name of technology, technology origin, technology process diagram; Main technical parameters, usage status of main machinery, equipment, and technological lines;

Step 2: Apply for an Investment Registration Certificate

Procedures for granting Investment Registration Certificates to investment projects that are not subject to investment policy decisions are as follows:

Online declaration of information about investment projects on the National Information System on Foreign Investment:

• Before carrying out the procedures for granting the Investment Registration Certificate, the investor declares information about the investment project online on the National Information System on Foreign Investment. Within 15 days from the date of online declaration, the investor applies an Investment Registration Certificate to Investment Registration Agency.
• After the Investment Registration Authority receives the application, the investor will be granted an account to access the National Information System on Foreign Investment to monitor the application processing status.
• The investment registration agency uses the National Information System on Foreign Investment to receive, process, and return results of investment registration dossiers, update dossier processing status, and issue project codes. investment project.

Apply directly for an Investment Registration Certificate:

The investor submits an application for an Investment Certificate at the Ba Ria – Vung Tau investment registration agency with the following information:

Department of Planning and Investment of Ba Ria – Vung Tau province

Address: 198 Bach Dang, Phuoc Trung, Ba Ria, Ba Ria – Vung Tau

Ba Ria Vung Tau Province

Email: sokhdt@baria-vungtau.gov.vn

Phone: 0254 3852 401.

• Investment projects outside industrial parks, export processing zones, high-tech zones, and economic zones;
• Investment projects to develop infrastructure of industrial parks, export processing zones, high-tech zones, and investment projects in industrial parks, export processing zones, and high-tech zones in localities that have not yet established a Management Board industrial parks, export processing zones, and high-tech zones.
• Investment projects implemented in many provinces and centrally run cities;
• Investment projects are implemented simultaneously inside and outside industrial parks, export processing zones, high-tech parks, and economic zones.

Management board of industrial parks, export processing zones, high-tech zones, and economic zones of the province where the company is headquartered.

• Investment projects to develop infrastructure of industrial parks, export processing zones, and high-tech zones;
• Investment projects implemented in industrial parks, export processing zones, high-tech zones, and economic zones.

Step 3: Grant the Investment Registration Certificate

Within 15 days from the date of receiving complete documents, the investment registration agency shall issue an Investment Registration Certificate. In case of refusal, the investor must be notified in writing and clearly state the reason.

Step 4: Prepare documents and apply for Enterprise Registration Certificate

After a foreign-invested company is granted an investment registration certificate, the investor carries out the procedures for granting an Enterprise Registration Certificate similar to the procedures for establishing a Vietnamese capital company.

Step 5: Publication of business registration information

After being granted an Enterprise Registration Certificate, an enterprise must make a public announcement on the National Business Registration Portal. At the same time, the publication fee must be paid according to the provisions of the law. The published content includes the contents of the Enterprise Registration Certificate and the following information:

• Business lines;
• List of founding shareholders; List of shareholders who are foreign investors for joint stock companies (if any).

Fee for publishing business registration content:

The request for publication of business registration contents and payment of fees for publication of business registration contents are made at the time the enterprise submits its business registration application.

The time limit for publishing business registration content: Within 30 days from the date of issuance of the Enterprise Registration Certificate, enterprises must publish business registration content on the National Business Registration Portal.

Implementation time: 4-6 working days

Step 6: Engrave the company seal

• Stamps include stamps made at a seal engraving facility or stamps in the form of digital signatures following the law on electronic transactions.
• The enterprise decides the type of seal, quantity, form, and content of the seal of the enterprise, branches, representative offices, and other units of the enterprise.
• The management and storage of seals is carried out under the provisions of the company charter or regulations issued by the enterprise, branch, representative office, or other unit of the enterprise with the seal. Enterprises use seals in transactions according to the provisions of law.

Step 7: Issue a business license or operating license

Business License issuance only applies to companies doing business in the field of retailing goods to consumers or setting up retail establishments.

For some industries, after completing procedures for establishing a company, foreign investors must apply for licenses related to operating conditions. For example: a food business applies for a food hygiene, safety, and environmental license. Education business: Training license, Travel license…

Procedures for establishing a Vietnamese capital company in Ba Ria – Vung Tau province

Step 1: Prepare documents to carry out company establishment procedures

To initiate company establishment procedures, the only thing clients need to prepare is a notarized copy of the ID card or valid passport of the founding members and shareholders.

Step 2: Prepare documents to establish a company

• Draft company charter;
• List of members for multiple-member limited liability companies, founding shareholders for joint stock companies;
• Valid copy of one of the following documents:
• For individuals: Valid ID card or passport or valid passport for individuals;
• For organizations: Enterprise Registration Certificate for organizations and accompanying personal identification documents, authorization decision of the authorized representative of the organization;
• Decision on capital contribution for company members and corporate shareholders who are organizations;
• Other documents in special cases (Viet An Law will advise clients to prepare according to the provisions of the law);
• Contract to provide legal services (Authorization Contract) to authorize Viet An Law Firm to perform business establishment services.

Step 3: Apply for Business Registration Certificate

Department of Planning and Investment of Ba Ria – Vung Tau province

Address: 198 Bach Dang, Phuoc Trung, Ba Ria, Ba Ria – Vung Tau

Ba Ria Vung Tau Province

Email: sokhdt@baria-vungtau.gov.vn

Phone: 0254 3852 401

Step 4: Engrave the company seal

Step 5: Publication of business registration information

Establish a company in Ba Ria – Vung Tau service of Viet An Law Company

• Consulting on choosing company type: Limited Company, Joint Stock Company, Partnership Company or Private Enterprise, headquarters address, capital, business lines, opening a capital transfer account, capital contribution period ;
• Consulting on conditions and instructions on preparing necessary documents to establish a company;
• Consulting foreign investors on choosing forms of investment in Vietnam.
• Determine the investment ratio of foreign investors when establishing a company in Vietnam;
• Consulting and drafting company establishment documents;
• Representing clients to work with competent state agencies during the process of establishing a business (Applying for an Investment Registration Certificate, Enterprise Registration Certificate, Business License, making a company seal, procedures after establishing a company, tax – accounting legal consulting services, opening direct and indirect investment accounts, transferring profits abroad, labor – insurance, other issues related to intellectual property rights,…;
• Comprehensive consulting on activities arising during the process of conducting business for clients.
• Consulting on opening capital transfer accounts for foreign invested companies;
• Consulting on the company’s capital contribution period according to Vietnamese law.

If there are any difficulties or questions related to establish a company in Ba Ria – Vung Tau, please contact Viet An Law Firm for more detailed advice!