Establish a 100% foreign owned company in Vietnam. - TriMinh Law

Establish a 100% foreign owned company in Vietnam.

4:53:11 09/08/2016
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Establish a 100% foreign owned company in Vietnam.

I. The documents for establishment of 100% foreign capital company

1. Registration/written request for issuing Certificate of Investment (form)

2. The report on financial capacity of the investor prepared by and responsible for by the investor (the contents of the report must clarify the investment sources, investor’s financial capacity for implementation of the investment project).

3. The draft Articles of Association of the Company corresponding to the type of enterprise (one-member limited liability Company, joint stock Company, Partnership Company). The draft Articles of Association must be signed (on each page) by the company owner, legal representative for the one-member limited liability company; legal representative of members or the authorized representative for the limited liability company with more than 2 members; of the legal representative, of founding shareholders or the authorized representative of the founding shareholders for the Joint Stock Company. The contents of the Articles of Association must comprise the contents as stated in Article 22 of Law on Enterprise.

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4. The list of members corresponding to types of enterprise (form).

5. Certification of legal status of the founding shareholders:

– For the founding shareholder as legal personality: legalized copy (not more than 3 months from submission of document) of Establishment Decision, Certificate of Business Registration or other equivalent documents, Articles of Association or others equally (Clause 3 Article 15 Decree No.88/2006/ND-CP dated August 29, 2006 by the Government). The documents in foreign languages must be translated into Vietnamese and certified by the company specialized in translation.

– For the founding membersas individuals: the legalized copy (not more than 3 months from submission of document) of documents: identification card, passport or any evidences of the individual’s valid legal status (Article 18 Decree No. 88/2006/ND-CP by the Government).

6. Power of Attorney of the Investor issued to the attorney in case the Investor is an organization and valid copy (notarized copy) of any document proving that the individual is the authorized representative.  The documents in foreign languages must be translated into Vietnamese and certified by the company specialized in translation.

7. Joint-venture contract for investments in forms of establishing economic organizations between the domestic investors and foreign ones or the business cooperation contracts in case of business cooperation.

8.In case the joint-venture investment project with the State capital, it is a must to submit the written agreement for using the State capital in investments issued by the competent authority.

II. The consultation service for establishment of 100% % foreign capital company

1. Free consultation on any following issues for any clients in demand of establishing 100 % foreign capital company:

– Model and organizational structure of the enterprise;

– Operation and management methods

– Legal consultation on the relations between management titles

– Rights and obligations of members

– Proportion and method of equity contribution

– Plan for sharing the profits and handling the additional obligations

– Other relevant contents

2. Tri Minh Law Company shall represent the Clients to complete all procedures for establishment of 100% foreign capital company.

– After signing the Service Supply Contract, Tri Minh Law Company shall prepare the registration documents for establishment of 100% foreign capital company for the Clients.

– The representative of Tri Minh Law Company submit the registration documents for establishment of 100% foreign capital company for the Clients in Department of Planning and Investment;

– The representative of Tri Minh Law Company shall monitor the registration progress and notify the result to the Clients.

– The representative of Tri Minh Law Company shall represent the Client to receive the Certificate of Business Registration in Department of Planning and Investment.

– Take procedures for making enterprise’s seal;

– Take procedures for registering Tax Code and Customs Code for the enterprise

Please contact us for the best advice. Wish you great success!

For the further information, please contact Tri Minh Law Company for free consultation. (Mail: contact@luattriminh.vn )

TRI MINH LAW COMPANY

HEAD OFFICE IN HANOI CITY

Flr 8, Office Block – Viet Tower (Parkson), No1 Thai Ha str, Trung Liet ward, Dong Da district, Hanoi. VietNam
Tel: (+84)-4.3766.9599   –   Fax: (+84)-4.3766.9636

Webiste:www.luattriminh.vn /www.triminhlaw.com  Email:contact@luattriminh.vn

THE BRANCH IN HO CHI MINH CITY

Flr 8, Alpha Building  151 Nguyen Dinh Chieu Str, 06 Ward, District 3, HCMc. VietNam.

Tel: (+84)- 8.3933.3323  –  Fax: (+84)- 8.3838.8868

Webiste:www.luattriminh.vn / www.triminhlaw.com

Email:contact@luattriminh.vn

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