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Luật Minh Anh

Minh Anh Law Firm

Investment procedure into Vietnam

Minh Anh Consulting Service Company established in 2012, our main service is consultancy on investment into Vietnam. Our lawyer have exhaustive knowledge of law as well as business environment and investment market in Vietnam. Minh Anh Company is always trusted company for foreign investors who want to invest in Vietnam.
Application procedure of Decision on investment policies.
If projects need to be granted Decision on investment policies by the National Assembly, the Prime Minister, Province People’s Committees (specified in Article 30, 31, 32 Law on investment 2014), investors must apply for Decision on investment policies which appropriate to power of state agencies authorized in Vietnam, procedure prescribed in provisions in Law on investment 2014 of Vietnam.
If projects not belong to the cases defined in Article 30, 31, 32 Law on investment 2014, investors don’t have to apply for Decision on investment policies.
So that, if investors want to implement investment project in Vietnam, the first thing they must concern about is the project need to be granted Decision on investment policies by the National Assembly, the Prime Minister, Province People’s Committees or not. If the project need to be granted Decision on investment policies, at first, the investor has to apply for Decision on investment policies as prescribed by Vietnam Law.
Procedure of investment registration
+ With regard to the project needs to be granted Decision on investment policies, in 05 working days from the day state agency authorized receives document of Decision on investment policies, investment registration agency may be management board of industrial parks, export processing zones, hi-tech parks, economic zones or Planning and Investment Department, must grants Certificate of Investment Registration to investors.
+ With regard to the project doesn’t need to be granted Decision on investment policies, investors submit dossier under clause 1 Article 33 to investment registration agency and within 15 days from the day investment registration agency receives completely dossier, the investment registration agency grants Certificate of Investment Registration or deny to grant Certificate of Investment Registration (clearly stating the reason).
The agencies competent to grant Certificate of Investment Registration:
+ If investors establish enterprise in industrial parks, export processing zones, hi-tech parks, economic zones, management board of industrial parks, export processing zones, hi-tech parks, economic zones competent to grant Certificate of Investment Registration to investors.
+ With regard to projects aren’t located in locations above, Planning and Investment Department competent to grant Certificate of Investment Registration to investors.
Enterprise registration procedure.
After completing investment registration procedure, investors have to implement Enterprise registration procedure under provisions of Law on enterprise 2014 and other implementation guideline documents. Type of enterprise is one of following types:
– Single Member Limited Liability Company, in case only one investor contributes capital and that investor is owner of the enterprise.
– Partnership company/ joint-stock company/ limited liability companies with two or more members, if there are two or more investors contribute capital. Particular for joint-stock company, there are 3 or more investors contribute capital.
Sequence of enterprise registration:
The person who establishes the enterprise or the authorized person sends the enterprise registration dossier to the business registration agency. After 3 working days, the business registration agency shall have to grant the Enterprise Registration Certificate or notify the refusal in writing if there are grounds to refuse.
After the investor receives Enterprise Registration Certificate, legal representative of enterprise or authorized person has to carve company seal and notify seal template under the guideline of business registration agency before use the company seal.