Contents and number of the dossier | a) Contents of the dossier: 1. Application form BM-HAPI-11-03 for the Investment Certificate (Appendix I-3, Decision No. 1088/2006/QĐ-BKH dated October 19, 2006); 2. A report on financial capacity of the investor (prepared and legally ensured by the investor). 3. Joint venture contract between a domestic investor and a foreign partner in accordance with Articles 53 and 54 of Decree No. 108/2006/NĐ-CP dated September 22, 2006. 4. A written approval of the competent authority in case of using state capital for investment or forming joint ventures with other economic sectors in accordance with laws. 5. Business registration dossier includes: - The Draft Company Statute - List of members of limited liability company (with at least two members) as form BM-HAPI-11-08 (Appendix II-1, Circular No. 14/2010/TT-BKH dated Jun 4, 2010); list of founding shareholders of joint-stock company as form BM-HAPI-11-09 (Appendix II-2, Circular No. 14/2010/TT-BKH dated Jun 4, 2010); list of the authorized representative for one-member limited liability company as form BM-HAPI-11-23 (Appendix II-4, Circular No. 14/2010/TT-BKH dated Jun 4, 2010), enclosed with the following documents: ♦ For individual investors: A valid copy of the ID card, passport or other lawful personal identification as stipulated in Article 24 of Decree No. 43/2010/NĐ-CP dated April 15, 2010. ♦ For investors as organizations: Valid copies of the Establishment Decision, the business registration certificate or equivalent document (verified by the registry within three months before the date of submission of the dossier); a copy of the Statute or equivalent documents; procuration enclosed with a valid copy of the authorized representative’s identity card or passport or other lawful personal identification in accordance with Article 24, Decree No. 43/2010/NĐ-CP dated April 15, 2010; 6. Other documents - Document of an authorized body or organization certifying the legal capital (applied for enterprises conducting lines of business for which legal capital is required by law). - A valid copy of practice certificates of one or some individuals (applied for enterprises conducting lines of business for which the practice certificates are required by law). Note: Practice certificates issued in foreign countries have no effect in Vietnam, except for specialized laws or international treaty to which Vietnam is a member containing other regulations. b. Number of dossier: 01 set. |
Legal basis | 1/ Laws: + Law on Enterprises 2005; + Investment Law 2005; - Law No. 38/2009/QH12 dated June 19, 2009 amending and supplementing some articles of the Laws concerning capital construction investment. 2/ Documents of Government, ministries and central agencies: - Viet Nam's WTO commitments on Trade and Services; - Decree No. 108/2006/NĐ-CP dated September 22, 2006 detailing and guiding the implementation of the Investment Law; - Decree No. 101/2006/NĐ-CP dated September 21, 2006 stipulating the re-registration, conversion and renewal of the investment certificate of foreign invested enterprises under the Law on Enterprises and the Investment Law; - Decree No. 23/2007/NĐ-CP dated February 12, 2007 detailing the Commercial Law regarding foreign-invested enterprises’ goods trading and related activities in Vietnam; - Decree No. 113/2009/NĐ-CP dated December 15, 2009 on investment monitoring and evaluation; - Decree No. 108/2009/NĐ-CP dated November 27, 2009 on investment in the form of build-operate-transfer, build-transfer-operate and build-transfer contracts; - Decree No. 102/2010/NĐ-CP dated October 01, 2010 detailing the implementation of the Law on Enterprises; - Decree No. 53/2007/NĐ-CP dated April 04, 2007 sanctioning administrative violations in the domain of planning and investment; - Decree 62/2010/NĐ-CP dated June 04, 2010 amending and supplementing some articles of Decree No. 53/2007/NĐ-CP dated April 04, 2007 on sanctioning administrative violations in the domain of planning and investment; - Decree No. 05/1999/NĐ-CP dated February 03, 1999 of the Government on identity card (Effective from May 1, 1999); - Decree No. 180/2004/NĐ-CP dated October 28, 2004 of the Government on establishment, reorganization and dissolution of State companies (Effective from November 16, 2004); - Decree No. 199/2004/NĐ-CP dated December 03, 2004 of the Government promulgating the Regualtion on Financial Management in State Companies and Management of State Capital Invested in Other Enterprises (Effective from December 28, 2004); - Decree No. 153/2007/NĐ-CP dated October 15, 2007 detailing and guiding the implementation of the Law on Real Estate Trade (Effective from November 09, 2007); - Decree No. 43/2010/NĐ-CP dated April 15, 2010, on enterprise registration; - Decree No. 102/2010/NĐ-CP dated October 01, 2010 detailing the implementation of the Law on Enterprises; - Decision No. 10/2007/QĐ-TTg dated January 23, 2007 promulgating Viet Nam’s system of economic branches (Effective from February 26, 2007); - Circular No. 97/2006/TT-BTC dated October 16, 2006 of the Ministry of Finance stipulating charges and fees to be decided by People’s Councils of provinces and centrally-administered cities (Effective from Jun 24, 2008). - Circular No. 13/2008/TT-BXD dated May 21, 2008 guiding the implementation of Decree No. 153/2007/NĐ-CP (Effective from Jun 24, 2008). - Circular No. 14/2010/TT-BKH dated June 04, 2010 clarifying provisions on dossier, process and procedures for enterprise registration as stipulated in Decree No. 43/2010/NĐ-CP dated April 15, 2010 of the Government; - Joint Circular No. 02/2005/TTLT-BKH-BTP-BNG-BCA dated May 25, 2005 of the Ministry of Planning and Investment, Ministry of Justice, Ministry of Foreign Affairs, and the Ministry of Public Security guiding investment activities of overseas Vietnamese and foreign residents in Viet Nam under the Government’s Decree No. 51/1999/NĐ-CP detailing the implementation of the Law on Domestic Investment Promotion No. 03/1998/QH10 (amended) (Effective from July 15, 2005). 3/ Decisions of the Hà Nội People’s Committee and the Department of Planning and Investment: + Decision No. 84/2009/QĐ-UB dated July 01, 2009 on promulgating the Regulations on one-stop-shop mechanism in administrative management agencies administered by the city; + Decision No. 02/2009/QĐ-UBND dated January 09, 2009 on collecting fees applied for the issuance of business registration certificates and on providing information of business registration in Hà Nội. + Decision No. 595/QĐ-KH&DT dated October 28, 2010 of the Hà Nội Authority for Planning and Investment on promulgating the Department’s quality management process according to TCVN ISO 9001:2008. |