Vietnam Company Formation. How to proceed?

Foreign investors may invest in the form of 100% capital to establish company in Vietnam, being limited liability company, joint stock company, partnership company.  Vietnam company formation has been getting easier due to the openness policy of Vietnam government in the recent years. 

Foreign investors that invest in Vietnam 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.

Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate and enterprise registration certificate.

Vietnam company formation dossiers

A dossier to establish company in Vietnam shall comprise more than 10 types of documents to name below:

-Registration/Request for issuance of Investment Certificate;

-A report on financial capability of the investor;

-Draft of the company’s charter;

-List of members of company;

-Copy of the people’s identity card, passport or other lawful personal certification, for individual members;

-Copy of the establishment decision, business registration certificate or other equivalent document, for member organizations;

-Copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives.

-Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;

-Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;

-The joint-venture contract or Business Cooperation Contract (BCC);

-Other documents required by Vietnam law.

The Vietnam company formation at investment registration process would take around 30 days. The extra time might be needed in case the investment area is conditional or the State government needs to examine the investment project.

Minimum capital, special licenses or other conditions might be required in certain investment projects.

How a law firm in Vietnam would help with Vietnam company formation?

With professional English speaking staff and experience in foreign investment, diligent lawyers would be able to support clients with Vietnam company formation.

While the process of Vietnam company formation is straight forward most of the time, there are many situations which it would be better that the client engages a law firm in Vietnam to assist with document preparation, legal translation, notarization, and authentication of application dossiers.  

The lawyers at law firm in Vietnam could also assist with market entry legal advice for strategic decision since the rental of office, work site might impact the business. Employment matters of the company also requires compliance from the beginning. Mandatory submissions of report are also part of the compliance process to follow.  Tax declaration should be done and other investment reporting should be correct at the start of the business.  

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.