1. What do foreigners need to prepare to establish a company in Vietnam?
If the investment project is not subject to approval of investment policies, according to the provisions of Clause 1, Article 33 of the Law on Investment 2020, Clause 1, Article 36 of Decree 31/2021/ND-CP, the application for a Certificate of Registration investment project registration, including:
a) A written request for implementation of the investment project;
b) Documents on the investor’s legal status;
c) Documents proving the financial capacity of the investor, including at least one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the investor’s financial capacity;
d) Investment project proposal
If the construction law stipulates the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;
đ) Papers on land use rights or other documents determining the right to use the site for implementation of an investment project if the investment project does not request the State to allocate or lease land or permit the change of land use purpose; land use;
e) The explanation of the technology used in the investment project, for the project subject to appraisal and consultation on technology according to the provisions of the law on technology transfer;
g) BCC contract for investment projects in the form of BCC contract;
h) Other documents related to the investment project, requirements on conditions and capacity of the investor as prescribed by law (if any).
Depending on the type of enterprise, according to Articles 21 to 24 of Decree No. 01/2021/ND-CP, a basic application file for issuance of an enterprise registration certificate includes:
a) An application for enterprise registration;
b) Charter of the company;
c) Copy of legal papers of the legal representative and the owner/member/shareholder.
2. How long does it take for foreigners to establish a company in Vietnam?
If the investment project is not subject to approval of investment policies, according to the provisions of Clause 2, Article 36 of Decree 31/2021/ND-CP, Clause 1, Article 33 of Decree No. 01/2021/ND-CP, time Foreigners establish a company in Vietnam about 20-25 working days from the date the state agency receives a valid application.
3. How much capital does a foreigner need to establish a company in Vietnam?
Vietnamese law does not stipulate the minimum investment capital of foreigners when setting up a company in Vietnam. However, foreigners setting up a company in Vietnam need to prepare an appropriate amount of investment capital to operate the project in Vietnam.
4. What kind of documents do foreigners need to get when setting up a company in Vietnam?
Depending on the conditions of the investment project, when setting up a company in Vietnam, foreigners need to be granted: Decision on approval of investment policy (if any), Decision on approval of investors (if any), Investment Registration Certificate and Enterprise Registration Certificate.
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