Requirements
Individual investor
Corporate investor
Representatives
For all types of investors
1.
Notification on branch/representative office establishment (original + Simple copy)
2.
Draft charter of one-member liability limited company, 2-member LLC or joint stock company (original + Simple copy)
all the pages of the charter must be initialed by legal representative of the company and signed and stamped on the last page.
3.
List of members (original + Simple copy)
for two or more member liability limited companies
or
List of authorized representatives (original + Simple copy)
for one member liability limited company with more than one authorized representatives of the owner
or
List of founding sharehodlers (original + Simple copy)
for joint stock companies
4.
Principle agreement on land lease (Simple copy + an authentic copy)
5.
Investment project feasibility study report (original + Simple copy)
with the following main contents: objectives, scale, location, capital and duration of investment project, needs of land, technology and environmental protection measure. This can be prepared by either the investor or a qualified consultant.
6.
Authenticated copy of approval of investment intent (original + Simple copy)
Additional document If a joint venture between foreign and vietnamese investors is set up
1.
Joint venture agreement (original + Simple copy)
each of the pages must be initialed and the last page be signed and stamped.
2.
Approval for investing state funds in the joint venture by relevant authority (original + Simple copy)
If state fund is used as partnership investment in the joint venture
For project whose investment capital is VND300 billion or more: 08 sets of dossiers including at least 01 original dossier of the above documents are required. Below document is required as well
1.
Economic tecnical explanatory exposition (original + Simple copy)
Additional documents for individual investors:
1.
Certified translation of consular-legalized copy of bank statement (Simple copy + an authentic copy)
or
Financial ability report (original + Simple copy)
This can be prepared and be responsible for by the investors.
2.
Authenticated copy of passport or Vietnamese ID card of individual investor (Simple copy + an authentic copy)
Additional documents for corporate investors:
1.
Certified traslation of consular-legalized copy of certificate of incorporation (Simple copy + an authentic copy)
2.
Certified translation of consular-legalized copy of financial report of the last two fiscal years (Simple copy + an authentic copy)
3.
Power of attorney from investor to legal representative (original + Simple copy)
4.
Authenticated copy of passport or Vietnamese ID card of legal representative of investor (Simple copy + an authentic copy)
If the application is submitted by an authorized Vietnamese
1.
Power of attorney from legal representative to an authorized person (original + Simple copy)
2.
Authenticated copy of Vietnamese ID card of authorized Vietnamese person (Simple copy + an authentic copy)
Time frame
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 10mn - Max. 15mn
Waiting time until next step:
Min. 6 days - Max. 15 days
Legal justification
1.
Law on Investment No. 59/2005/QH10 passed by the 10th National Assembly at its 10th session on 29/11/2005
articles 46, 47, 48, 50
2.
Law No. 60/2005/QH11 dated 25/12/2005 by the 11th National Assembly on enterprise
articles 15, 18, 19, 20, 21, 22, 23
3.
Decree 108/2006/ND-CP dated 22/09/2006 by the Government providing detailed regulations of and guidance for the implementation of a number of provisions of the Investment Law
articles 4, 6.2, 7.3, 8, 40.1, 40.4, 44, 45, 49, 53, 54, 58
4.
Decree 43/2010/ND-CP dated 15/0402010 by the Government regarding corporation registration.
articles 5, 20, 21, 24, 25, 29
5.
Decree 05/2013/ND-CP dated 09/01/2013 by the Government amending and supplementing a number of provisions of Decree 43/2010/ND-CP dated 15/04/2010 regarding corporate registration
articles 1.1, 1.2
6.
Decision 1088/2006/QD-BKHDT dated 19/10/2006 by the Ministry of Planning and Investment issuing standard forms for conducting investment procedures in Viet Nam
articles I-3, I-8, I-9, I-10
7.
Circular 01/2013/TT-BKH dated 21/01/2013 by the Ministry of Planning and Investment providing guidelines for corporation registration
articles 9, 15.
8.
Decision 12/2011/QD-UBND dated 02/06/2011 by Binh Dinh Province People's Committee promulgating protocols on orders and coordination mechanism for administrative procedures concerning investment and construction outside industrial and economic zones in Binh Dinh Province
Article 7.1