With offices operating in Hanoi, Da Nang, and Ho Chi Minh City, Siglaw Firm is a reputable legal consulting firm specializing in supporting foreign investors in carrying out procedures for establishing FDI companies and foreign-invested enterprises in Vietnam.
With many years of experience in the fields of investment and corporate law, Siglaw Firm has accompanied numerous international investors in implementing their business operations in Vietnam through comprehensive, professional legal solutions at reasonable costs.
Documents Required for Establishing an FDI Company in Vietnam
When carrying out procedures for establishing a foreign-invested enterprise in Vietnam, investors are required to prepare the following basic information and documents:
Investment Project Information
- Name of the investment project and project location;
- Operational objectives and proposed business lines;
- Total investment capital and capital structure (equity capital, loans, mobilized capital, etc.);
- Demand for Vietnamese and foreign employees.
Legal Documents of the Investor
- Certificate of incorporation or business registration certificate for institutional investors;
- Passport or identification documents of founding members/shareholders;
- Information of the representative managing the contributed capital;
- Documents proving financial capacity, such as:
- Savings account;
- Bank balance confirmation;
- Profitable financial statements;
- Documents proving the location of the head office and project implementation site:
- Office lease agreement, house lease agreement, or land lease agreement;
- Land use right certificate of the lessor (notarized copy).
Guidance on Proving Financial Capacity
To demonstrate financial capability for an investment project in Vietnam, investors may use one of the following documents:
- Audited financial statements for the most recent two years;
- Financial support commitment from the parent company or a credit institution;
- Financial capability guarantee of the investor;
- Bank account balance confirmation corresponding to the proposed investment capital;
- Savings book with a value equivalent to the registered investment capital.
Notes:
All foreign-language documents must be consular legalized, translated into Vietnamese, and notarized in accordance with Vietnamese law. If one document is sufficient to prove the investment capital source, additional documents are not required.
Proof of Headquarters and Project Location
The registered business headquarters and project implementation location may be evidenced by the following documents:
- Lease agreement or premises borrowing agreement;
- Real estate business license of the lessor (if leasing through a company);
- Certificate of land use rights and ownership of houses or offices;
- Land allocation decision, land lease decision, or land-use purpose conversion approval issued by competent authorities (if the land use right certificate has not yet been issued).
Conditions for Business Locations
- The registered locations must not be located in apartment buildings or collective residential buildings that do not have commercial functions;
- For manufacturing enterprises, the operating location must be situated within industrial parks or industrial clusters in accordance with the approved planning.
In cases where investors choose the form of capital contribution, share acquisition, or joint venture with a Vietnamese enterprise, the procedures are generally simpler and more time-saving.
Comprehensive FDI Company Establishment Services at Siglaw Firm
Siglaw Firm’s foreign-invested company establishment services include:
- Advising on suitable business structures;
- Advising on investment conditions for each business sector;
- Advising on charter capital and appropriate capital structure;
- Advising on lawful company naming;
- Obtaining investment policy approval (if required);
- Applying for the Investment Registration Certificate (IRC);
- Drafting and completing all legal documents;
- Representing clients in working with competent authorities;
- Carrying out enterprise registration procedures at the Department of Finance and Investment.
Post-Establishment Support Services for FDI Enterprises
After the FDI enterprise is established, Siglaw Firm continues to support procedures including:
- Opening bank accounts;
- Company seal engraving;
- Registration of digital signatures;
- Registration for electronic invoices;
- Initial tax declarations;
- Payment of business license tax;
- Social insurance registration for employees;
- Trademark and patent registration;
- Consulting on labor law, internal labor regulations, and labor contracts.
Specialized Services for FDI Enterprises
In addition to FDI company establishment services, Siglaw Firm also provides:
- Business license applications for conditional business sectors;
- Investment activity reporting services for foreign investors;
- Intellectual property consulting;
- Comprehensive accounting and tax services.
Timeframe for Establishing an FDI Company in Vietnam
Normally, the process for completing the establishment of an FDI enterprise takes approximately 30-45 working days, including:
- Issuance of the Investment Registration Certificate (IRC): approximately 30-35 working days (for projects not subject to investment policy approval);
- Issuance of the Enterprise Registration Certificate (ERC): approximately 6-8 working days.
The above timeframe does not include the period for preparing incorporation documents and exchanging information with investors.
Why Establish an FDI Company in Vietnam?
Basis for Obtaining an Investment Visa
Foreign investors establishing an FDI company in Vietnam may be considered for investment visas under the following categories:
- ĐT1: Investment capital of VND 100 billion or more, or projects in investment incentive sectors;
- ĐT2: Investment capital from VND 50 billion to under VND 100 billion;
- ĐT3: Investment capital from VND 3 billion to under VND 50 billion;
- ĐT4: Investment capital under VND 3 billion.
Depending on each case, the corresponding visa validity period may range from 1 to 5 years.
Conditions for Temporary Residence Card Application
Investors holding ĐT1, ĐT2, or ĐT3 visas may be granted temporary residence cards with the following validity periods:
- ĐT1: Up to 10 years;
- ĐT2: Up to 5 years;
- ĐT3: Up to 3 years.
In cases where the investment capital is under VND 3 billion (ĐT4), investors are not eligible for temporary residence cards and may only obtain short-term visas.
Investment Opportunities in Vietnamese
Vietnam is currently one of the most attractive destinations for FDI inflows in Southeast Asia thanks to:
- Stable economic growth;
- An increasingly improved investment environment;
- Competitive labor costs;
- Expanded policies encouraging foreign investment;
- Numerous industries and geographical areas eligible for investment incentives.
To facilitate approval of an investment project, investors should fully prepare their financial capability, operational plans, and business strategies in compliance with Vietnamese law. For detailed consultation regarding Investment Registration Certificate application services, clients may directly contact Siglaw Firm for support.
Headquarters in Hanoi: No. 44/A32 – NV13, Geleximco Area A, Le Trong Tan Street, Tay Mo Ward, Hanoi, Vietnam.
Southern Branch: No. 103 – 105 Nguyen Dinh Chieu Street, Xuan Hoa Ward, Ho Chi Minh City, Vietnam.
Central Branch: VIFC DN – ICT Building, Software Park No. 2, Nhu Nguyet Street, Hai Chau Ward, Da Nang, Vietnam.
Hotline: 0961 366 238
Facebook: https://www.facebook.com/hangluatSiglaw
