Establishing 100% foreign owned company is a form of investment in which a foreign investor is permitted to execute an investment project through the establishment of a 100% foreign owned company in Vietnam. At present, Vietnam has policies to create more favorable conditions to attract more foreign investors into Vietnam, in which investment destinations are considered attractive in Vietnam such as investment and Hanoi. , HCM, Da Nang, ... with many different fields.  Lawyers for business and foreign investment is proud of being a leading law firm in Vietnam with many years of experience in the field of investment consulting, consulting and setting up foreign companies in Vietnam.

1. STEPS FOR ESTABLISHING 100% FOREIGN CAPITAL COMPANY

Step 1: Registration of investment policy with Provincial People's Committee.

Foreign investors who enter Vietnam to invest in project implementation must apply for the investment registration certificate. However, before applying for Investment Certificate, in some cases, the investor must register the investment policy with the provincial People's Committee.

Profile include:

• Request for implementation of the investment project;

• For individual investors: Copy of ID card, ID card or passport

• For institutional investors: a copy of the Certificate of incorporation or other equivalent document confirming the legal status;

• Proposed investment projects, including the following: Investors for implementation of the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration and progress Private, labor demand, proposals for investment incentives, impact assessment, socio-economic efficiency of the project;

• A copy of one of the following documents:

• The latest two-year financial statements of the investor;
• Commitment to financial support of parent company;
• Commitment to financial support of the financial institution;
• Guarantee of the financial capacity of the investor;
• Documents explaining the financial capacity of the investor;

• Proposal for land use; In cases where the project does not request the State to assign or lease land or permit the change of land use purpose, a copy of the lease agreement or other documents confirming that the investor has the right to use the land shall be submitted. Current investment projects;

Explanation on the use of technology, including the following contents: name of technology, origin of technology, process flow chart; Main technical parameters and status of use of machinery, equipment and main technological lines for projects using technology on the list of technologies restricted from transfer

• BCC contract for investment project in the form of BCC contract.

* Note: For investment projects not subject to investment policy, this step is not required

Agency submitting application file: Investment Department

Time: 35-40 working days from the date of receipt of valid file

Step 02: Apply for Investment Certificate

In the following cases, investors must carry out the procedures for applying for investment registration certificates:

• Investment projects of foreign investors;

• Investment projects of the following economic organizations:

• Foreign investors holding 51% or more of charter capital or a majority of partners in foreign parties to economic organizations are partnerships;
• Having an economic organization as defined above holds 51% or more of the charter capital;
• Foreign investors and economic organizations stipulated above hold 51% or more of the charter capital.

Profile include:

• Request for implementation of the investment project;

• For individual investors: Copy of ID card, ID card or passport

• For institutional investors: a copy of the Certificate of incorporation or other equivalent document confirming the legal status;

• Proposed investment projects, including the following: Investors for implementation of the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration and progress Private, labor demand, proposals for investment incentives, impact assessment, socio-economic efficiency of the project;

• A copy of one of the following documents:

- The latest two-year financial statements of the investor;

- Commitment to financial support of parent company;

- Commitment to financial support of the financial institution;

- Guarantee of the financial capacity of the investor;

- Documents explaining the financial capacity of the investor;

• Proposal for land use; In cases where the project does not request the State to assign or lease land or permit the change of land use purpose, a copy of the lease agreement or other documents confirming that the investor has the right to use the land shall be submitted. Current investment projects;

• Explanation on the use of technology, including the following contents: name of technology, origin of technology, process flow chart; Main technical parameters and status of use of machinery, equipment and main technological lines for projects using technology on the list of technologies restricted from transfer

• BCC contract for investment project in the form of BCC contract.

Agency submitting application file: Investment Department

Time:

• For investment projects not subject to investment policy: 15 - 20 working days from the date of receipt of full documents.

• For investment projects subject to investment policy: 05 - 10 working days from the date of receiving the decision on investment policy.

Step 03: Establishment of enterprises to issue enterprise registration certificates

After obtaining the investment registration certificate, the investor should prepare the file for establishment of the enterprise.

Profile include:

• Application form for business registration.

•        Company rules.

• List of members / shareholders

• Copies of the following documents:

• Citizens identification card, identity card, passport or other legal personal identification of members being individuals;
• Establishment decision, enterprise registration certificate or other equivalent document of organization and letter of authorization; Citizenship card, identity card, passport or other lawful personal identification of the authorized representative of the organization member
• For members being foreign organizations, a copy of the enterprise registration certificate or equivalent document must be consularly legalized;

• Certificate of investment registration for foreign investors in accordance with the Law on Investment.

Agency submitting application file: Business registration office

Time: 05 working days from the date of receiving complete and valid documents

2. ADVISORY SERVICES ESTABLISHMENT OF 100% FOREIGN CAPITAL OF DA NANG ENTERPRISE LAWYERS

1. Advising clients on issues related to the establishment of 100% foreign owned companies such as:

- Foreign investment consultancy.

- Corporate Model and Organizational Modeling.

- How to operate and operating.

- Legal advice on the relationship between managerial positions.

- Consulting the rights and obligations of members.

- Consultant Rate and method of capital contribution.

- Advise on profit sharing and settlement of arising obligations.

- Consult other relevant contents.

2. Lawyers will represent the completion of procedures for the establishment of a 100% foreign owned company for clients:

- After signing the service contract, the Da Nang company lawyer shall prepare the dossier for registration of the establishment of the foreign-invested company for the client;

- Representatives of the Department of Planning and Investment to submit the registration dossier for the establishment of 100 foreign-owned companies for customers.

- A representative to track the file and reply the Department of Planning and Investment, notify the results of the submitted dossiers to customers.

- Representative received the certificate of business registration at the Department of Planning and Investment for customers.

- Carrying out procedures for engraving seals for enterprises.

- Carrying out procedures for registration of tax identification numbers and customs codes for enterprises.

3. Service fee: Please see here

Contact us immediately for the best advice. Wish you success with your investment project!

For more information, please contact Lawyers for business and foreign investment or phone: 0914.500518 or 0932 575 030 for the full legal advice!