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DOCUMENTS FOR ESTABLISHING A FOREIGN- INVESTED ENTERPRISE IN 2024
- Types of foreign-invested enterprises are allowed to be established in Vietnam
In 2023, there will be 111 countries and territories investing in Vietnam. Of which, Singapore leads with a total investment capital of more than 6.8 billion USD, accounting for 18.6% of total investment capital in Vietnam, an increase of 5.4% over the previous year; Japan ranked second with nearly 6.57 billion USD, accounting for more than 17.9% of total investment capital, an increase of 37.3% over the previous year.
Hong Kong Special Administrative Region ranked third with a total registered investment capital of more than 4.68 billion USD, accounting for nearly 12.8% of total investment capital, 2.1 times more than the previous year. Next are China, Korea, Taiwan, etc. In terms of number of projects, China leads in the number of new projects (accounting for 22.2%). Korea leads in the number of capital adjustments (accounting for 25.9%) and capital contributions and share purchases (accounting for 27.8%).
According to the provisions of the Investment Law 2014, there is currently no distinction between domestic investors and foreign investors when choosing the type of enterprise. Therefore, similar to domestic investors, foreign investors are free to choose any type of enterprise according to the provisions of the Enterprise Law. Based on Vietnamese Enterprise Law, foreign investors can choose one of the following types of enterprises to establish a foreign-invested enterprise:
- joint Stock Company : An enterprise in which the charter capital is divided into equal parts called shares. The company must have a minimum number of shareholders of 3 and no maximum limit.
- Partnership Company: An enterprise with at least 2 members who are joint owners of the company, doing business together under a common name (partnership members). In addition, the company may also have capital contributing members.
- Private enterprise: A type of business owned by an individual. Private enterprises have no legal status , and there is no separation between the assets of the business owner and the business.
- Co., Ltd:
- One-member limited liability company : A company with only one member as the owner. Company owners can be individuals or organizations, with a streamlined and effective company management structure, and the owner has the highest decision-making authority.
- Limited liability company with two or more members: enterprise with no more than 50 members (can be organizations or individuals).
- Documents for establishing foreign-invested enterprises in 2024
Above are some types of businesses that foreign investors can choose to suit the business’s operating purposes. Among them, two types of businesses chosen by a large number of foreign investors to establish businesses in Vietnam are Limited Liability Company and Joint Stock Company. Below, Siglaw Law Firm would like to introduce to you the documents for establishing a foreign-invested enterprise in 2024 for both types of enterprises above:
- Documents for establishing a limited liability company with foreign investment
- Application for business registration.
- Company rules.
- List of members (for limited liability companies with two or more members).
- Copies of the following documents: Citizen identification card, ID card, passport or other legal personal identification of individual members;
- Establishment decision, Business registration certificate or other equivalent documents of the organization and authorization document; Citizen identification card, ID card, passport or other legal personal identification of the authorized representative of the organizational member
- Decide to contribute capital and appoint managers; List of authorized representatives (for organizational members);
- Investment registration certificate for investors has been issued.
Note: For members that are foreign organizations, a copy of the Business Registration Certificate or equivalent document must be consularly legalized;
- Documents for establishing a joint stock company with foreign investment capital
- Application for business registration.
- Company rules.
- List of founding shareholders and shareholders who are foreign investors (list of authorized representatives if there are institutional shareholders).
- Copies of the following documents: Citizen identification card, ID card, passport or other legal personal identification of individual members;
- Establishment decision, Business registration certificate or other equivalent documents of the organization and authorization document; Citizen identification card, ID card, passport or other legal personal identification of the authorized representative of the organizational member.
- Decide to contribute capital and appoint managers; List of authorized representatives (for organizational members);
- Investment registration certificate for investors has been issued.
Note: For members that are foreign organizations, a copy of the Business Registration Certificate or equivalent document must be consularly legalized;
- Address for submitting documents to establish a foreign-invested enterprise
Agency receiving documents: Business registration office – Department of Planning and Investment where the enterprise is headquartered.
Processing time: about 5-8 working days
Above is some basic information about the profile for establishing a foreign-invested enterprise in 2024 . If you have any questions about the service of Establishing a foreign-invested enterprise in Vietnam, you can contact Siglaw Law Firm directly for support!
Phone: (+84) 961 366 238
Email:
Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.
Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.
Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City
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