Requirements
Natural persons
Legal persons
Representatives
To be applied for case of re-registration of company without amendment of business registration contents and investment project
1.
Re-Registration of Enterprise and Investment project (Appendix I-13 of Decision 1088) (original)
2.
List of founding members for JSC (original)
after re-registration
or
List of founding members of limited liability companies with 2 members or more (original)
after re-registration
3.
Draft company charter (original)
after re-registration
4.
Meeting minutes on company re-registration (original)
of the Board of Management for joint venture company; Minutes of meeting of the Board of Management or the written agreement of the foreign investors (in case of foreign investors) or of investors for companies with 100% foreign capital; of the General Meeting of Shareholders for joint stock company agreeing to re-register the company and pass the Charter (revised)
5.
Decision on company re-registration (original)
of the owner(s) or the Board of Management of comapny with 100% foreign capital or of the Board of Management for joint venture company or of the General Meeting of Shareholders for joint stock company with capital foreign investment on the registration of company and pass the Charter (revised)
6.
Authenticated copy of current investment certificate
7.
2 latest years audited financial report (original)
of the last 2 consecutive years at the time of re-registration
Legal Identification papers of investor after re-registration
1. For foreign corporate investors, supplement (for Vietnamese corporate investors, the legalized copy and Vietnamese version of following documents shall be replaced by authenticated copy only):
1.
Consular legalized copy of certificate of incorporation
2.
Vietnamese or English version of certificate of incorporation
2. For individual members, supplement:
1.
Authenticated copy of passport or Vietnamese ID card of investor
For legal representatives, supplement:
1.
Authenticated copy of passport or Vietnamese ID card of legal representative
Re-registration of enterprises with foreign investment licensed before July 1, 2006 has expired after July 1, 2006, but not dissolved and would like to continue operation (beside above requirements)
1.
The written commitment (original)
showing that the company will be responsible for the obligations and transactions carried out from expiry date to re-registration date and the commitment to fully implement its financial obligations to the state (no sample shown)
2.
Report on business activities (original)
of the previous year before the expiry of investment licenses expire until the time of re- registration
In case of authorization, supplement:
1.
Power of attorney (original)
Time frame
Waiting time in queue:
Max. 5mn
Attention at counter:
Min. 5mn - Max. 10mn
Waiting time until next step:
Min. 7 days - Max. 15 days
Legal justification
1.
Law No. 59/2005/QH11 of National Assembly on Investment
Article 88
2.
Law No. 60/2005/QH11dated 29/11/2005 of National Assembly on Enterprises
Article 170.2
3.
Law 37/2013/QH13 amending and supplementing the Article 170 of the Law on Enterprise
Article 1
4.
Decree 108/2006/ND-CP the Government providing guidelines for implementation of a number of articles of Law on Investment
Article 86.2
5.
Decree 194/2013/NĐ-CP of the Government on the re-registration, transformation of foreign-invested enterprises and renewal of investment license of investment projects in the form of business cooperation contract
articles 6, 7, 8, 9
6.
Decree 43/2010/ND-CP of the Government on business registration (Eng)
Article 24
7.
Decree 164/2013/ND-CP of the Government, amending and supplementing a number of Articles of the Government’s Decree 29/2008/ND-CP, providing for industrial parks, export processing zones and economic zones
Article 1.21
8.
Circular 01/2013/TT-BKHĐT of Ministry of Planning and Investment, guiding on business registration (Eng)
articles 9, appendix.I-6, I-7
9.
Decision 1088/2006/QD-BKH of Ministry of Planning and Investment issuing standard forms for conducting investment procedures in Vietnam
Article appendixI-13
Additional information
Investor must prepare 03 sets of application file, including 01 original set.
Certification of DIEPZA