Procedure to establish a company in Bac Ninh province

In Bac Ninh province, for the business investment of foreign investors operating in the field of business, commerce and services, they often choose to locate their headquarters when establishing businesses in residential areas . for production activities, enterprises are required to register project locations in industrial parks. Foreign investors choosing Bac Ninh to set up businesses in industrial parks are quite large due to its preeminent advantages such as: taking advantage of cheap labor resources, favorable geographical location. advantage of Bac Ninh to move goods to border gates and ports, etc.

Currently, there are 15 industrial parks in Bac Ninh, such as: Que Vo Industrial Park, Yen Phong Industrial Park I-II, Dai Dong-Hoan Son Industrial Park, Nam Son-Hap Linh Industrial Park, etc. Que Vo Industrial Park I-II-III, Vietnam-Singapore Industrial Park (VSIP Bac Ninh), Tien Son Industrial Park, Thuan Thanh Industrial Park 1-2-3, Hanaka Industrial Park, Gia Binh Industrial Park I-II… and there are policies to continue building and expanding other industrial parks in Bac Ninh.

For the purpose of supporting and providing quality legal services to foreign investors in establishing a foreign -invested company in Bac Ninh, Viet An Law guides in detail the establishment procedure. foreign-invested enterprises (companies) in Bac Ninh as follows:

Procedures to establish a company in Bac Ninh province

For companies with from 1% to 100% of capital contributed by foreign investors right from the time of business establishment, it is required to apply for an investment certificate before proceeding with registration of business establishment.

Step 1: Issuing Investment Registration Certificate

• Before carrying out the procedures for granting an Investment Registration Certificate, the investor shall declare online information about the investment project on the National Foreign Investment Information System. Within 15 days from the date of online declaration, the investor shall submit the application for the Investment Registration Certificate to the Investment Registration Authority;
• After the Investment Registration Authority receives the application, the investor is granted an account to access the National Information System on Foreign Investment to monitor the processing of the application;
• The investment registration agency uses the National Foreign Investment Information System to receive, process and return investment registration results, update the status of application processing and issue code numbers for projects. investment project.

Step 2 : Granting the Enterprise Registration Certificate

After being granted the Investment Registration Certificate, the enterprise shall carry out the procedures for granting the Enterprise Registration Certificate (like a Vietnamese company).

Step 3 : Engrave a seal for the company

Step 4: Obtain a business license

If the business retails goods to consumers, it should apply for a business license at the Department of Industry and Trade.

Step 5: Complete the procedures after business establishment

Dossier for granting an Investment Registration Certificate

For an investment project that is not subject to a decision on investment policies, the investor shall carry out the procedures for granting an Investment Registration Certificate as follows:

• A written request for implementation of an investment project;
• A copy of the citizen identitfication card, ID card or passport for the investor being an individual; a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor being an organization;
• The investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule, demand for labor, proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;
• A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;
• Proposing land use needs; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation. current investment project;
• An explanation on the use of technology for projects specified at Point b, Clause 1, Article 32 of this Law includes the following contents: technology name, technology origin, technological process diagram; main technical parameters, use status of main machinery, equipment and technological lines;
• BCC contract for investment projects in the form of BCC contract.

Duration for processing dossiers: Within 15 days from the date of receipt of complete dossiers, the investment registration agency shall issue the Investment Registration Certificat. In case of refusal, the investor must be notified in writing and clearly state the reasons therefor.

Authority to issue investment certificates:

• The Management Board of industrial parks, export processing zones, hi-tech zones and economic zones shall receive and grant investment registration certificates for investment projects in industrial parks, export processing zones, and high-tech zones, economic sector;
• The Department of Planning and Investment shall receive and grant investment registration certificates for investment projects outside industrial parks, export processing zones, hi-tech zones and economic zones;
• The Department of Planning and Investment where the investor is located or is expected to have its head office or executive office to implement an investment project shall receive the Investment Registration Certificate for the following investment projects:
  • Investment projects implemented in many provinces;
  • Investment projects implemented inside and outside industrial parks, export processing zones, high-tech zones and economic zones.

Procedures to establish a company in Vietnam (with foreign contributing capital)

Cases where foreign investors contribute capital or buy shares in a Vietnamese company that already has an enterprise registration certificate (even in the case of buying up to 100% of the company’s contributed capital) are not required to carry out procedures. issuance of Investment Registration Certificate (except for some special industries such as education, training…) Therefore, in case foreign investors jointly contribute capital with Vietnamese people to establish a company ( ie . joint venture companies between Vietnam and foreign investors), the optimal solution and minimizing procedures should be done in the following order:

Step 1: Establish a Vietnamese company;

Step 2: Apply for a qualified license for conditional occupations;

Step 3: Transfer of contributed capital to foreign investors;

Step 4: Apply for a business license in case the business conducts retail activities and apply for other permits as prescribed, such as a fire protection license, etc. for the production facility.

Business registration:

After being granted the Investment Certificate, the enterprise shall register at the Business Registration Office – Department of Planning and Investment or via https://dangkyquamang.dkkd.gov.vn

The current business registration time is only 3-7 days.

Procedures for granting a business license at the Department of Industry and Trade

(Only applicable to companies operating in the field of real retailing of goods):

• An application for a business license;
• Explanation of satisfaction of conditions; Confirmation of experience;
• Explanation of financial capacity, bank certification;
• Copy of Investment Certificate; Enterprise Registration Certificate
• Certificates of land use rights;
• Power of Attorney Viet An Law Firm to submit dossier.

Completion time: from 25-30 working days.

Services to establish a company in Bac Ninh province of Viet An Law Firm include:

• Consulting the capital contribution ratio of foreign investors in Vietnam;
• Consulting on choosing the right type of company for investors: limited liability company or joint stock company, head office address, capital, business lines, opening a capital transfer account, capital contribution term;
• Advising on conditions, guiding investors to prepare necessary documents to establish a foreign-invested company;
• Consulting, drafting company establishment documents for investors;
• Representing investors to work with competent Vietnamese state agencies in the process of establishing enterprises for investors (Apply for Investment Registration Certificate, Business Registration Certificate, legal entity seal, seal specimen announcement, procedures after company establishment, tax – accounting consulting services, opening of direct and indirect investment accounts, remittance of profits abroad, labor – insurance insurance, issues related to intellectual property rights, work permits, temporary residence cards, …;
• Comprehensive advice on activities arising in the process of doing business in Vietnam for investors.