Requirements
Natural persons
Legal persons
Representatives
A. For all types of investors
1.
Registration/Request for issuance of investment certificate (Apdx. I-3)
2.
Draft company charter (original)
having all signatures of the legal representative and of members or their authorized representatives for limited liability companies with two or more members; of founding shareholders or their authorized representatives, for share holding companies; of owner for one-member limited liability companies
3.
Authenticated copies of approval of master plan
4.
Authenticated copies of decision on acknowledgement of auction result
5.
List of founding members of limited company with two or more members (original)
or
List of founding members of one member limited liability companies
or
List of founding members of partnership (original)
or
List of founding members of joint stock company (original)
6.
Authenticated copies of passport or ID card of legal representative
I. 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 (original)
2.
Certified translation of legalized certificate of incorporation
3.
Consular legalized copy of 2 latest years audited financial report
4.
Certified translation of 2 latest years audited financial report
5.
Decision on creation of investment project (sample) (original)
of the members' council for more than 2 members LLC ;or of general shareholders of a JSC; or of the owner of 1 member LLC on creation of investment project
6.
Meeting minutes (original)
of the members' council for more than 2 members LLC ;or of general shareholders of a JSC; or of the owner of 1 member LLC on creation of investment project
7.
Authenticated copies of passport or ID card of authorized person(s)
II. For individual investors, supplement
1.
Authenticated copies of passport or ID card of investor
2.
Bank statement (original)
III. For projects having capital equal or over 300 billions VND, supplement
1.
Authenticated copies of decision on approval of EIA report
2.
Economic-technical explanatory statement (original)
containing the following major details: objectives, scale and location of investment project; investment capital; project execution schedule; land use requirements; technical and environmental solutions (for the project which have capital over 300 billions VND
IV. In case of joint venture, supplement:
1.
Joint venture contract (an authentic copy)
in case of joint venture between foreign investor and Vietnamese investor
V. In case of authorization, supplement
1.
Power of attorney (original)
issued by investor for his/her legal representative in case investor is unable to come to submit application file
Time frame
5 days for normal investment certificate issuance and 17 days for investment certificate issuance of project with over 300 VND billions
Waiting time in queue:
Max. 5mn
Attention at counter:
Min. 5mn - Max. 10mn
Waiting time until next step:
Min. 5 days - Max. 17 days
Legal justification
1.
Law No. 59/2005/QH11 of National Assembly on Investment
articles 45, 46, 48, 50, 52, 53, 63
2.
Law No. 60/2005/QH11dated 29/11/2005 of National Assembly on Enterprises
articles 15, 18, 19, 20, 21, 22, 23
3.
Decree 108/2006/ND-CP the Government providing guidelines for implementation of a number of articles of Law on Investment
articles 4, 44, 45, 49
4.
Decree 43/2010/ND-CP of the Government on business registration (Eng)
articles 5, 20, 21, 24, 25
5.
Decree No. 05/2013/ND-CP of the Government dated January 09, 2013, amending and supplementing a number of articles of provisions on administrative procedures of Government’s Decree No. 43/2010/ND-CP, of April 15, 2010, on enterprise registration
Article 1
6.
Decree 102/2010/ND-CP of Government guiding in detail a number of articles of the Law on Enterprises regarding the establishment, management organization, operation, reorganization and dissolution of enterprises.
Article 12.16.17
7.
Circular 01/2013/TT-BKHĐT of Ministry of Planning and Investment guiding on business registration
articles 13, 14
8.
Decision 1088/2006/QD-BKH of Ministry of Planning and Investment issuing standard forms for conducting investment procedures in Vietnam
Article appendix.I-3
9.
Decision 7825/QD-UBND of Danang People's Committee on implementing "one stop-shop" model in licensing procedures in Danang
Sections 5, .2 , Article 4
Additional information
Notes :
1. For all documents in the application file: 1 original and 2 copies (for project more than VND 300 billion: 1 original and 7 copies)
2. All foreign documents must be translated and certified by authorized translation organizations.
3. Foreign passports can be notarized by any district people’s committee with no need for consular legalization.