Establish a company with 100% foreign capital in an industrial area

100% foreign capital company - htlaw

For the case: the investment project is not subject to approval for investment guidelines)

You are a foreign investor wishing to invest in Vietnam in the fields of mechanics, manufacturing, electronics, information technology… You can choose to establish an investment project and company in the industrial area. HT would like to provide some of the following information:

Before establishing a 100% foreign capital company in an industrial area, investors need to check whether the business lines intended to do allow to establish a 100% foreign capital company or not.

Investors can choose to rent the land in an industrial area or rent a factory in an industrial area for project implementation. After renting the place in an industrial area, investors will apply for application to state agencies following:

1. Application for an Investment Registration Certificate for the investment Project

1.1. An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;

1.2. A document concerning the legal status of the investor:

    • For individual investors: a notarized copy of passport;
    • For institutional investors: a notarized copy of the Certificate of Establishment or an equivalent document certifying the legal status.

1.3. Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, a proposal for investment incentives, impact and socio-economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with the law on environmental protection.

1.4. Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity.

For individual investors: Bank statement.

1.5. If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted.


Note: Investors want to invest in manufacturing industries should note that they must apply for an environmental protection license, a fire protection certificate, other related certificates. If you want to know more detail, please feel free to contact us.

100% foreign capital company - htlaw

2. Agencies receive an application

2.1. Management boards of industrial areas.

2.2. The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project: Investment projects are executed inside industrial areas where the industrial area management boards have not yet been established or which are not under the management of the industrial park.

2.3. Time: 20 working days from the date of receiving the application

3. Application for an Enterprise Registration Certificate recognizing the establishment of the VN Company to carry out the Project

3.1. Agencies receive application: business registration agency

3.2. Time: 5 – 7  working days from the date of receiving the application

4. Engrave company’ seal and declare the original tax code to Tax Department

    • After obtaining the Enterprise Registration Certificate, The company proceeds to engrave a seal at one of the licensed seal-making units. Enterprises decide by themselves the number and the form of the seal within the permitted scope of the law.
    • The company declares the original tax code to Tax Department.

5. Open an Investment bank account and Business bank account

Investors open a investment account and a business account to transfer investment money

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Establish 100% foreign capital in industry area.

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