How to Set Up Company
in Hanoi?
The Law on investment
2021 has a lot of investment incentive policies in economic sectors in Vietnam
for foreign investors.
Foreign investors that invest in Vietnam in general and Hanoi in particular for
the first time must have investment projects and fill in investment
registration or examination procedures at state agencies in charge of
investment in order to be granted Investment Registration Certificates (“IRC”)
and Enterprise Registration Certificate (“ERC”). Company with 100% foreign
capital has founded and operated from the date of issuance of the investment
certificate.
The investor who wishes to apply for IRC in Hanoi, s/he need to have a possible
project which is accepted by the Government (The Department of Planning and
Investment of Hanoi City). The dossier on applying for IRC
For Investment Registration Certificate,
the investor must prepare the dossier included:
i) An application form for execution of the investment project, including a
commitment to incur all costs and risks if the project is not approved;
ii) A document about the investor’s legal status;
iii) 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;
iv) 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.
v) 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;
vi) 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;
vii) The business cooperation contract if the investment project is executed
under a business cooperation contract;
viii) 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).
After having the project, the investor needs to apply for Business Registration Certificate, the dossier included:
i) An application for enterprise registration;
ii) The enterprise’s charter;
iii) A list of members of a limited liability company with two or more members
or a list of general partners;
iv) A notarized copy of identity card or valid passport of individual member;
v) A notarized copy of the Business Registration Certificate of the
organization’s member;
vi) A notarized copy of valid identity card or passport of the organization’s
legal representative;
vii) The copy of Investment Registration Certificate.
The time for applying
the investment project is 15 working days and the time for applying the company
is 03 working days after the date of submitting the valid dossier.
ANT Lawyers, a law firm in Vietnam could offer service to set-up company in Vietnam. We assist clients
needing legal service in obtaining investment certificate, business
registration certificate, or other
licensing procedures.
Source ANTLawyers: https://antlawyers.vn/library/how-to-set-up-company-in-hanoi.html