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Provide consultation on establishing FDI Enterprise

08/10/2021
The demand for establishing foreign-invested enterprises is increasing in Vietnam. However, choosing the type of enterprise and setting up an enterprise is not an easy procedure for foreign investors, especially new investors.

In the context that Vietnam is actively participating in the international market by signing trade agreements, bilateral and multilateral agreements, along with investment preferential policies of the State, Vietnam is becoming a promising investment destination for foreign enterprises.

The procedure for establishing FDI enterprise in Vietnam

Step 1. Declare information online about  investment project  on the National Foreign Investment Information System

Before operating the procedure to issue the Investment Registration Certificate, investors shall declare information online about the investment project on the National Foreign Investment Information System. After the enterprises submits the hard copy application, they will be granted an account to access the National Foreign Investment Information System to monitor the processing of the application. At the same time, the Investment Registration Authority also uses the National Foreign Investment Information System to receive, process and return investment registration results, update the status of application processing and issue code for the investment project. 

Step 2. Apply for Investment Registration Certificate

- Estimated implementation time: 15 working days from the date of receiving complete applications.

- Applications include:

  • An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved.

  • A document about the investor’s legal status.

  • Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity.

  • Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection.

  • If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project.

  • If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted.

  • Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer.

  • The business cooperation contract if the investment project is executed under a business cooperation contract.

  • Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with regulations of law (if any).

Step 3. Establish the enterprise

- Implementation date: 03 working days.

- Applications include:

  • The enterprise registration application form.

  • The company's charter. 

  • List of members (For Multi-member limited liability company), List of shareholders (For joint stock company).

  • Copy of legal documents of individuals or organizations contributing capital to establish the enterprise.

  • Copy of Investment Registration Certificate.

  • Copy of legal documents of the legal representative.

Step 4. Engrave the legal entity’s seal

After the establishment of the enterprise, the enterprise conducts engraving. According to the provisions of the Law on Enterprise Law 2020, enterprises do not need to notify the seal sample on the National Business Registration Portal but still can use it immediately.

Step 5. Open a direct investment account

According to the provisions of the Law on Enterprises 2020, foreign investors need to contribute capital within 90 days from the issuance date of the Certificate of Enterprise Registration. Therefore, immediately after the establishment of the company,  investors need to open an account to transfer direct investment capital.

Step 6. Complete the following procedures for enterprise business establishment

After establishing the enterprise, investors establish the procedures for registering to make purchase digits, paying license tax, declaring license tax, issuing invoices, declaring tax, etc.

Consultation on FDI enterprise establishment in Vietnam that Siglaw provides:

“Customer satisfaction is Siglaw's measure of success. With us, every customer is a brand ambassador!”

Therefore, Siglaw takes care of each customer in the most thoughtful way, when using Siglaw's Consultation on FDI enterprise establishment in Vietnam, customers will receive the most enthusiastic support as follows:

  1. Provide consultation on the preparation of necessary documents and the entire establishment application.

  2. Answer and provide consultation on the provisions of current laws related to business lines.

  3. Provide consultation on choosing the optimal type of enterprise for clients.

  4. Provide consultation on the most optimal legal advantages, and tax incentives suitable for each client.

  5. Provide consultation on the preparation of all relevant financial records.

  6. Provide consultation on opening capital accounts and the legal process of transferring investment capital.

  7. Provide consultation on initial tax procedures and tax reporting regimes by the law.

  8. Provide consultation on the necessary conditions and sub-licenses for the enterprise to operate by the law.

  9. Provide consultation on necessary procedures according to regulations of foreign workers when working in Vietnam.

Service quality standards:

At Siglaw, with the slogan "Confidential - Responsible - Professional - Prestigious", we establish "Standards for providing services to customers" and all Siglaw's lawyers and experts always perform at the highest level:

1. High professional quality: Our legal services are always counseled and performed by lawyers and experts with deep professional knowledge and experience to ensure the consulting solutions are always accurate, comply with the law and bring high value to customers.
2. Confidentiality: Ensuring the security of customer information is, in any case, always one of our top priorities.
3. Punctuality: We guarantee to meet the requirements of the work deadlines. Accordingly, the work progress will always be closely followed and promptly informed to customers.
4. Quick response: Any exchange, contact or customer request will be responded to quickly, promptly or within 24 hours at the latest.
5. Integrity: We always maintain integrity in all cases, comply with regulations on professional ethics in all cases.
6. Professionalism: We bring professionalism in the deep legal knowledge of our team of Lawyers and Experts in any profession or field; professionalism in multilingual communication when customers always feel easy to exchange work with us in many different languages (Vietnamese, English, Chinese, Korean); professionalism in attitude and working style with customers.
7. Enthusiasm and friendliness: We are always ready to support our customers to the best of our ability and in any case. We ensure that our clients always feel comfortable and at ease with friendly communication with any Lawyer.
8. Simple and Convenient: We always strive to find ways to provide our services in a way that makes our customers feel as comfortable and convenient as possible.
9. Value added: In the process of providing services, we always try our best to provide consulting options/suggestions to help customers compare and choose the best and complete solution.

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Siglaw legal company limited (Siglaw Firm)

Hotline: +84 967 818 020

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Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Hotline: +84 967 818 020

Email: hanoi@siglaw.vn

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Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.

Hotline: +84 985 982 659

Email: hcm@siglaw.vn 


Siglaw legal company limited
Head Office:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
 
Branch in Central Area:
Địa chỉ: 177 Trung Nu Vuong Street, Hai Chau District, Da Nang, Vietnam
Hotline: 84 967 818 020
 
Branch in Ho Chi Minh:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: 84 967 818 020
Email: hcm@siglaw.vn
 
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