(+84) 9 61 57 18 18
info@vietanlaw.vn

Set up a joint-stock company with foreign investment in Vietnam

In terms of economic integration, Vietnam is one of the most active countries in participating in and negotiating multilateral and bilateral free trade agreements. The benefit of signing and joining these free trade agreements is that the economy is increasingly open, removing barriers for businesses and traders, and especially the opportunity to attract capital. foreign investors entering Vietnam. Therefore, the law governing the establishment of foreign companies in Vietnam will include the free trade agreements that Vietnam has signed and the national laws of Vietnam. Hereby this article, Viet An Law will introduce an application for making a preliminary guide to foreign businesses that can set up a foreign-invested joint-stock company in Vietnam.

Set up a joint-stock company with foreign investment in Vietnam

Table of contents

Hide

    Legal basis for the establishment of a joint-stock company with foreign investment in Vietnam

    • WTO commitments, bilateral and multilateral free trade agreements between Vietnam and other countries; 
    • The Law on Investment 2020 and implementation guidlines; 
    • The Law on Enterprise ]2020 and implementation guidlines;
    • Specialized legal documents related to the investment sector.

    Determine the conditions for foreign investors to invest in Vietnam

    • Determine the investor’s nationality. If the investor is a citizen from countries to which Vietnam has signed international treaties, this will bring investment incentives to investors; 
    • Determine the fields of investment in which the investor intends to establish a joint-stock company, and depending on the industry, the investor can establish an enterprise or a joint venture with a Vietnamese partner. For example, in advertising services, foreign investors must enter into a joint venture with a Vietnamese enterprise or through a business cooperation contract to provide services to Vietnam.
    • Apply for an investment certificate or apply for Investment Policy Approval from the Provincial People’s Committee, National Assembly, or Prime Minister.

    Dossier to set up a joint-stock company with foreign investment in Vietnam

    Investors wishing to execute an investment project shall prepare components of the dossier and general documents regardless of the competence to grant investment policy decisions. The general composition of the profile includes:

    No. File name Amount Notarization in foreign countries Request for consular legalization Implement in Vietnam
    1.

    Certificate of establishment / Business license for institutional investor

    Passport / identity card for investors

    02 Have Have Translated into Vietnamese, Notarized
    2. Audited financial statements for the last 2 years of the investor; or the parent company’s financial support commitment; or a financial institution’s commitment to financial assistance; or guarantee for the investor’s financial capacity; or Confirm the investor’s bank account balance relative to the intended capital to invest in Vietnam. 01 Have Is not Translated into Vietnamese, Notarized
    3. Passport / ID card notarized representative of company law in Vietnam 02 Have Have Translations into Vietnamese, Noterized
    4. Office lease contract, Document proving the lessor’s right to lease in Vietnam (Land use right certificate, Construction permit, Enterprise registration certificate with real estate business function of lessor or equivalent documents ) 01   Notarized
    5. Legal investors need to provide:

    – Passport of investor ‘s legal representative .

    01 Have Have Translated into Vietnamese, Notarized

     

    In addition, the application for the establishment of a joint stock company with foreign investment capital also includes the following legal documents:

    • An application to register a joint-stock company (form I-4 Appendix Circular 01/2019/TT-BKHDT);
    • Enterprise’s charter;
    • List of founding shareholders (According to Form I-7 of Circular 02/2019 / TT-BKHDT) ;
    • Citizen identity card / identification card / passport of a shareholder ;
    • Investment Registration Certificates; 
    • Enterprise Registration Certificate/certificate of business registration with members being organizations, together with personal identification papers, authorization decision of the authorized representative of the organization;
    • Capital contribution decisions of members being organizations; 
    • Other documents in special cases; 
    • Power of attorney for Viet An Law Firm to establish an enterprise

    The establishment of a joint-stock company with foreign investment in Vietnam by Viet An Law Firm

    • Advising and assisting investors in finding and renting offices, factories, and land with competent state agencies in Vietnam;
    • Consulting and assisting clients on conditions related to the business lines that investors want to invest in.
    • Drafting and preparing documents for investors;
    • Working on behalf of investors with state agencies.
    • Receive results from customers’ records. 
    • Vietnam Security Law conducts advisory support to clients the following activities as established companies in Vietnam as well as after the procedure for granting registration certificates of investment.
    • Consulting and assisting investors in procedures for land, site clearance, factory construction, construction permits, environmental impact assessment, fire protection permits, qualified permits business.
    • Comprehensive consultation on the provisions of labor law, tax, finance, foreign currency transfer, capital contribution …

    Viet An Law Firm is the leading law firm in Vietnam for set up a company in Vietnam, tax consultancy & Vietnam intellectual property such as trademark registration, Trademark renewals & copyright registration in Vietnam.

    Related Acticle

    Guide to set up branch and representative office in Vietnam

    Guide to set up branch and representative office in Vietnam

    During their operation and development, enterprises may establish one or more dependent units in potential provinces and cities to expand their business scale. The most commonly established dependent units by…
    Process of establishing an Indonesian invested company in Vietnam

    Process of establishing an Indonesian invested company in Vietnam

    Although there are not many large investment projects from Indonesia to Vietnam, the potential for economic cooperation between these two countries is huge. Both countries have strengths in tropical agriculture.…
    Set up a Macau invested company in Vietnam

    Set up a Macau invested company in Vietnam

    With a wealth of experience in building and operating resorts, Macau possesses a treasure trove of extremely valuable knowledge and management skills. Meanwhile, Vietnam, with its abundant tourism potential, pristine…
    Relocation of headquarters address of FDI company to another province

    Relocation of headquarters address of FDI company to another province

    When an FDI company decides to expand its operations or change its business strategy, it is understandable that it would relocate its headquarters to a more potential province or city.…
    Update conditions for education investment in Vietnam under Decree 125/2024/ND-CP

    Update conditions for education investment in Vietnam under Decree 125/2024/ND-CP

    On October 5, 2024, the Government issued Decree 125/2024/ND-CP regulating conditions for investment and operation in the education sector. This Decree replaces Decree 46/2017/ND-CP dated April 21, 2024, of the…

    CONTACT VIET AN LAW

    Hanoi Head-office

    #3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam

    info@vietanlaw.vn

    Ho Chi Minh city office

    Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam

    info@vietanlaw.vn

    SPEAK TO OUR LAWYER

    English speaking: (+84) 9 61 57 18 18 - Lawyer Dong Van Thuc ( Alex) (Zalo, Viber, Whatsapp)

    Vietnamese speaking: (+84) 9 61 37 18 18 - Dr. Lawyer Do Thi Thu Ha (Zalo, Viber, Whatsapp)