How to Set up Business
Venture in Vietnam?
To help foreigners
start a business in Vietnam, we would like to introduce the service to assist
in setting up business venture in Vietnam.
Foreign investors could
make direct invest in Vietnam through setting up 100% (100 percent) capital of
foreign investors, or setting up joint venture
between domestic and foreign investors or putting resources into the
legally binding types of: BTO, BTO, BT, BCC, and BO.
Types
of enterprise for foreign investors to invest in Vietnam are as following:
Limited
Liability Company (LLC)
A limited-liability
company (LLC) may not issue securities
to mobilize capital.
Joint
Stock Company (JSC)
The main difference
between Joint Stock Company (JSC) and Limited Liability Company (LLC) is the
Joint Stock Company (JSC) can raise funds by offering shares or securities.
In addition, an
enterprise tends to join the Stock exchanges or public company must be a Joint
Stock Company (JSC). Management system
of JSC is more complicated than LLC.
Partnership
Unlimited liability
partners must be individuals who shall be liable for the obligations of the
company to the extent of all of their assets.
Meanwhile, Limited liability partners shall only be liable for the debts
of the company to the extent of the amount of capital they have contributed to
the company.
Representative
Office of Foreign Trader
Representative
Office is not permitted to
straightforwardly lead benefit making exercises in Vietnam (i.e: the execution
of agreements, deal or acquisition of products, or provision of services...
Branch of Foreign
Trader
In accordance with the
law of Vietnam and any international treaty that the Socialist Republic of
Vietnam is a member of, the Branch of Foreign Trader is permitted to carry out
activities such as the purchase and sale of goods and other commercial
activities with its license for establishment.
Investing
by Signing Contracts
BBC contract (Business
co-operation contract) means the investment form signed between financial
backers to co-work in business and to share benefits or products without
creating a legal entity.
Fabricate work move
contract (BOT) means the investment form signed by a competent State body and
an investor in order to construct and operate commercially an infrastructure
facility for a fixed duration; furthermore, upon expiry of the duration, the
investor shall, without compensation, transfer such facility to the State of
Vietnam.
BTO contract
(Build-transfer-operate contract) means the investment form signed by a
competent State body and an investor in order to construct an infrastructure
facility; however, upon completion of construction, the investor shall transfer
the facility to the State of Vietnam. Then the Government shall grant the
investor the right to operate commercially such facility for a fixed duration
in order to recover the invested capital and gain profits.
BT contract
(Build-transfer contract) means the investment form signed by a competent State
body and an investor in order to construct an infrastructure facility; and,
upon completion of construction, the investor shall transfer the facility to
the State of Vietnam. Then the Government shall create conditions for the
investor to implement another project in order to recover the invested capital
and gain profits or to make a payment to the investor in accordance following
an agreement in the Build-transfer contract.
Foreign investors may
sign BT contract, BTO contracts and BOT contract with a competent State body to
implement infrastructure construction projects in Vietnam. Especially, The
contracts are for projects in the fields of electricity production, drainage, transportation,
water supply, and waste treatment...
At ANT Lawyers - a law firm in Vietnam, Our English speaking lawyers help clients overcome cultural
barriers and achieve their strategic and financial outcomes, and regulatory
compliance while doing business in Vietnam.