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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. The establishment of companies abroad in Vietnam did not become a stranger and difficult for foreign companies intending to invest in 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. Here, Viet An Lawfirm will introduce an application for making a preliminary guide to foreign businesses that can set up a joint-stock company invested overseas in Vietnam.

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

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; 
  •  Investment Law 2020 and guiding documents; 
  •  Enterprise Law 2020 and guiding documents;
  •  Specialized legal documents related to the investment sector.

Determine the conditions for foreign investors to invest in Vietnam

  • Determine the investor’s nationality, see if the investor is a citizen from countries to which Vietnam has signed international treaties, this will bring investment incentives to investors. there; 
  • Determine the fields of investment in which the investor intends to establish a limited 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, Prime Minister

Documents that foreign investors need to prepare 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, the c hun g
4. Office lease contract, Document proving the lessor’s right to lease in Vietnam (Land use right certificate, Construction permit, Business 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 following documents are available:

  • An application to register a company shares (form I-4 Appendix Circular 01/2019 / TT-BKH) ;
  • Enterprise’s regulations;
  • List of founding shareholders (According to Form I-7 of Circular 02/2019 / TT-BKHDT) ;
  • Identity card / citizen identification / passport of a shareholder ;
  • Investment certificates;
  • Certificate of business registration / 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 conduct 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 …

Additionally, the following documents are available:

  • An application to register a company shares (form I-4 Appendix Circular 01/2019 / TT-BKH) ;
  • Enterprise’s regulations;
  •  List of founding shareholders (According to Form I-7 of Circular 02/2019 / TT-BKHDT) ;
  •  Identity card / citizen identification / passport of a shareholder ;
  • Investment certificates; 
  • Certificate of business registration/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

To set up a 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 …
  • Besides set up company in Vietnam, Viet An Law Firm also provides services related to intellectual property such as trademark registration in Vietnam, Tax & accounting service, and contracting service.

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