Establishing a company with foreign investment. Do you want to establish a company with foreign capital? When we look at the overall picture of the global economy, it is hard not to see a strong expansion of foreign investment inflows that are penetrating every sector of each country’s economy. The establishment of a company with foreign capital is not only an expression of multilateral cooperation, but also opens up new opportunities and challenges for sustainable development.

Colorful business cards and photos of people from all over the world are now a common sight at kick-off events for foreign companies. It is an image of diversity, different cultures and knowledge. This combination not only brings a wealth of experience and perspective, but also generates creativity and innovation in the way we run our business.

However, behind this prosperity and potential, establishing a company with foreign capital also presents many challenges. Corporate culture, regulatory requirements, and even an understanding of the local market are all important factors that need to be carefully considered. The ability to adapt to new environments and the rigor of maintaining product / service quality are also key to building a sustainable future .

In the current situation, multilateral cooperation is not only an opportunity but also an imperative. Establishing a company with foreign capital is not only an economic link, but also a way to create global value. It is a shift from the pursuit of individual profit to contributing to the common development of the international community .

So starting a foreign company is not just about building a business, it’s also about discovering, learning and sharing. It is a journey full of challenges and opportunities, contributing to the promotion of sustainable and harmonious development in today’s diverse world. So, what are the processes, procedures and legal regulations regarding the establishment of foreign-invested enterprises? Please refer to the article below for information on Quoc Bao Law.

You want to establish a company with foreign capital?

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

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Related legal documents

• investment law 2020
• Corporate Law 2020

Applicable case

• organizations seeking to directly establish a foreign-invested company.

Process of conducting legal proceedings

Step 1: Register the establishment of the project with the investment registration agency

Your profile includes :

• Written request for the implementation of an investment project
• For individual investors: copy of identity card, identification card or passport
• For institutional investors: a copy of the certificate of incorporation or other equivalent document proving legal status
• The investment project proposal shall include information such as the investor implementing the project, investment purpose, investment size, investment funds and resource mobilization plan, location, period, investment schedule, labor demand, investment incentive proposal, impact evaluation, social situation, etc. Contains content. – Economic efficiency of the project.
• Copy of one of the documents :
• Investor’s financial statements for the past two years
• Parent company’s commitment to financial support
• Initiatives for financial support by financial institutions
• Guarantee of investor’s financial ability
• Documents explaining the financial capacity of the investor
• Suggestion of land use needs. If the project does not require permission from the state to allocate or lease land or to change the purpose of land use, a copy of the site lease agreement or confirmation that the investor has the right to use the site for implementation. Other supporting documents. .
• The description of technology use includes the following: technology name, origin of technology, technology process diagram, main technology parameters, usage status of machines, equipment and technology lines, technology process diagram, main technology parameters, Usage of major machinery, equipment and technology lines. Technology Line, for projects that use technologies on the Restricted Transfer Technology List .
• BCC contract for investment projects in the form of a BCC contract .

Applicant agency:

Investment registration agency

Implementation time: 35-40 business days from the date of receipt of a valid application

Step 2 : Apply for investment registration certificate

For investment projects that are subject to an investment policy decision, the investment registration authority shall issue an investment registration certificate to the investor within five business days from the date of receipt of the investment policy decision .

For investment projects that are not subject to investment policy decisions, investors must complete the procedure for issuance of an investment registration certificate .

• Investors must declare information about their investment projects online in the National Foreign Investment Information System before proceeding with the procedure for issuance of investment registration certificates. Within 15 days from the online filing date , investors must submit an application for an investment registration certificate to the Investment Registration Authority .
• After the investment registration authority receives the application, the investor will be given an account to access the National Information System on Foreign Investments in order to monitor the processing of the application .
• The investment registration authority shall utilize the national information system on foreign investments to receive investment registration documents, process them, return results, update application processing status, and issue codes to projects .

Your profile includes:

• Written request for the implementation of an investment project
• For individual investors :
• Copy of identity card, identification card or passport for individual investors (notarized copy, consular certification at Vietnamese diplomatic missions abroad )
• Confirmation of the investor’s bank account balance corresponding to the expected investment funds in Vietnam (in the case of a foreign bank, a notarized copy must be provided, and consular authentication at a Vietnamese diplomatic representative office abroad is required )
• Head office rental contract, documents proving the lessor’s rental rights (land use right certificate, building permit, lessor’s business registration certificate with real estate business functions), or equivalent documents )
• For institutional investors (investment from foreign companies, investment to establish a Vietnamese company )
• A copy of the certificate of establishment or other equivalent document proving the legal status of the investor (notarized copy, consular legalization at a Vietnamese diplomatic mission abroad )
• A copy of any of the following documents : investor’s financial statements, parent company’s commitment to financial support, financial institution’s commitment to financial support, guarantee of investor’s financial ability. Investment, confirmation (notarized) copy of the investor’s bank account balance corresponding to the expected investment funds in Vietnam, consular legalization at Vietnam diplomatic missions abroad )
• Notarized passport of the company’s legal representative in Vietnam (in the case of a notarized copy of a foreigner, consular certification at a Vietnamese diplomatic mission abroad )
• Foreign company charter (notarized copy, consular legalization at Vietnamese diplomatic missions abroad) ;
• Head office lease contract, documents proving the lessor’s leasing rights (land use right certificate, building permit, lessor’s business registration certificate with real estate business functions), or equivalent documents) .
• For projects that utilize technology, a description of the use of the technology in the specific project must be attached, including information such as the technology name, origin of the technology, and technical process diagram. Main technical parameters, usage of main machines, equipment and technology lines .

Documents related to the establishment of a foreign investment company include:

• Written request for the implementation of an investment project
• identity card/identification card or passport in case of individual investors. A copy of the certificate of incorporation or other equivalent document proving the legal status of the investor as an organization
• The investment project proposal shall include information on the investor implementing the project, investment objectives, investment size, investment funds and resource mobilization plan, location, duration, investment schedule, labor requirements, proposed investment incentives, impact assessment, and social investment content. It is included. Economic efficiency of the project
• A copy of one of the following documents : Investor’s financial statements for the past two Parent company commitment to financial support. Financial institutions’ commitment to financial support. Guarantee the financial capacity of investors. A document explaining the financial capacity of the investor
• Suggestion of land use needs. If the project does not require permission from the state to allocate or lease land or to change the purpose of land use, a copy of the site lease agreement or confirmation that the investor has the right to use the site for implementation. Other supporting documents .
• Explanations regarding the use of technology in investment projects include the following for projects that use technology listed on the list of restricted technologies based on the Technology Transfer Law. Technology name, technology origin, technology process diagram. Main technical parameters, usage of main machines, equipment and technology lines .
• BCC contract for investment projects in the form of a BCC contract.

Applicant agency : Investment registration agency

Time :

• For investment projects not subject to investment policy decisions : 15 to 20 business days from the date of receipt of complete documentation .
• For investment projects subject to an investment policy decision : 05 to 10 business days from the date of receipt of the decision document .

Step 3: Establishment of company, issuance of company registration certificate

After obtaining the investment registration certificate, the investor must prepare documents to establish a business

Your profile includes :

• Business registration application
• Internal regulations
• Member list/ List of founding shareholders and foreign shareholders
• Copies of the following documents :
• National identity card, national identity card, passport or other lawful personal identification of a Member who is an individual ;
• Incorporation decision, company registration certificate or other equivalent document of the organization and power of attorney. National identity card, people’s identity card, passport or other legal personal identity document of the authorized representative of the member who is an organization
• For members of foreign organizations, a copy of the business registration certificate or equivalent document must be legalized at the consulate .
• Investment registration certificate for foreign investors based on the Investment Law .

Application Authority : Business Registration Authority

Time: 03-06 business days from the date of receipt of complete and valid documents

Step 4: Publish the contents of business registration information

Information regarding enterprise registration must be published on the National Enterprise Registration Portal within 30 days from the date of issue of the enterprise registration certificate. If an enterprise fails to disclose enterprise registration information in accordance with Article 26 , Paragraph 1 of Decree 50/2016/ND-CP due to the act of not disclosing the prescribed contents of enterprise registration or not disclosing it by the deadline, the state enterprise registration Companies will be fined from VND1,000,000 to VND2,000,000 for portals .

Step 5: Engraving the seal and presenting the seal sample

Companies can approve or engrave their own seals and notify samples of the seals to the Department of Planning and Investment. Companies can decide the shape, quantity, and content of the sticker themselves, but the name and company code number must be displayed. After receiving the seal sample notice, the Enterprise Registration Department will issue a receipt to the enterprise, post the enterprise notice on the national portal, and issue a notice on the publication of sub-sample information. 

The above information is about the procedures for establishing a foreign-affiliated company. If you still have concerns or difficulties in the process of carrying out legal procedures, at Quoc Luat , Quoc Luat company provides foreign investment company establishment services .

• Quoc Luat advises clients on the conditions, documents and procedures for establishing foreign investment companies .
• Based on the information provided by the enterprise and in accordance with the provisions of the law, prepare legal documents for the enterprise regarding the establishment registration contents of the foreign-invested enterprise .
• An authorized representative of a company carries out procedures to assist the company in registering its incorporation .
• Consulting regarding investment ratio of foreign investors in Vietnam
• Supervise the processing of documents by competent state agencies and brief them on issues related to the registration of establishment of enterprises .
• We provide consulting and guidance regarding related legal procedures after company establishment .
• Comprehensive advice for investors on activities that occur in the course of doing business in Vietnam
• Consulting regarding legal, tax, and accounting procedures for companies operating businesses .

Frequently asked questions:

What do I need to prepare to establish a foreign company?

For investors who are foreign organizations / companies:

1. Foreign company license or equivalent documentation .
2. Operating Charter or equivalent document .
3. the last three months (at least equal to the registered investment capital) .
4. Passport of the investor’s authorized representative and legal representative in Vietnam .
5. Audited financial statements for the past two years .

For foreign individual investors :

1. Investor passport .
2. Confirmation of the investor’s bank account balance at the time of application submission within the last three months (same amount as the minimum registered investment capital) .

Note: Documents must be notarized and legalized at the Vietnamese consulate in the country .

Foreign investment company establishment permit/establishment service – Quoc Bao Law

Services that provide licenses and carry out the process of establishing foreign companies are an important part of helping companies take advantage of the potential of multilateral cooperation. Quoc Bao Law has an extensive reputation and experience in the legal and business consulting field and has proven to be a reliable partner in accelerating this process .

Supported by a team of leading lawyers and experts, Quoc Bao Law is committed to providing comprehensive and accurate advice and helping businesses overcome legal and administrative challenges in the process of company formation . I’m doing my best. From determining the appropriate company form, registration and licensing procedures to optimizing capital structure and risk management, national law ensures that all legal aspects are carefully and effectively considered .

Quoc Bao Law, the licensing and establishment procedures for foreign companies will be carried out smoothly and transparently. Combining in-depth knowledge of commercial law with a deep understanding of local markets, Law Quoc Bao helps companies optimize benefits, strictly comply with legal regulations, and ensure business sustainability . .

With an international vision, Quoc Bao Law not only meets legal requirements, but also brings added value through strategic consulting, helping companies make the most of opportunities from a diversifying business environment, continuously shaping and changing. We will support you to do so .

In summary, under the Quoc Bao Law, the process of licensing / establishing foreign-funded enterprises is not only the implementation of legal procedures, but also the discovery and exploitation of the full potential of international cooperation. The combination of legal knowledge and strategic vision is the key to sustained success in today’s business world .

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com