Chi tiết - Haugiang_en

Menu được chọn không tồn tại.

Investment Procedures and Business Certificates

Ngày 00:00:00 08-06-2020 - Lượt xem: 6023

1. Investment registration procedures applicable to domestic investment projects

1.1 For domestic investment projects capitalized at under VND 15 billion each and falling outside the list of conditional investment domains, investors shall not have to fill in the investment registration procedures.

1.2. For domestic investment projects capitalized at between VND 15 billion and under VND 300 billion each and falling outside the list of conditional investment domains, investors shall fill in the investment registration procedures according to the set forms at the provincial-level state agencies in charge of investment.

Where investors request investment certificates, the provincial-level state agencies in charge of investment shall grant them such certificates.

1.3. Contents of investment registration include:

a) Legal status of an investor;

b) Objectives, scale and location of execution of an investment project;

c) Investment capital, project execution schedule;

d) Land use demand and commitment on environmental protection;

e) Petitions on investment preferences (if any).

1.4. Investors shall register investment before the execution of investment projects.

2. Investment registration procedures applicable to foreign investment projects

2.1. For foreign investment projects capitalized at under VND 300 billion each and falling outside the list of conditional investment domains, investors shall fill in the investment registration procedures at provincial-level state agencies in charge of investment in order to be granted investment certificates.

2.2. An investment registration dossier shall comprise:

a) Documents on contents specified in Clause 3, Article 45 of this Law;

b) The report on financial capability of the investor;

c) The joint-venture contract or BCC, the enterprise's charter (if any).

2.3. Provincial-level state agencies in charge of investment shall grant investment certificates within 15 days after receiving complete and valid investment registration dossiers.

3. Examination of investment projects

3.1. Domestic investment projects and foreign investment projects capitalized at VND 300 billion or more each and those on the list of conditional investment projects must go through examination procedures in order to be granted investment certificates.

3.2. The investment examination time limit shall not exceed 30 days after complete and valid dossiers are received; in case of necessity, this time limit may be prolonged but shall not exceed 45 days.

3.3. For national important projects, the National Assembly shall decide on investment undertakings and provide criteria for projects, the Government shall stipulate the order and procedures for investment examination and grant of investment certificates.

3.4. The Government shall specify the decentralization of examination and grant of investment certificates.

4. Procedures for examination of investment projects capitalized at VND 300 billion or more each and falling outside the list of conditional investment domains

4.1. A project dossier shall comprise:

a) A written request for the grant of an investment certificate;

b) A written certification of the investor's legal status;

c) A report on financial capability of the investor;

d) The techno-economic explanations with details on investment objectives and location, land use demand, investment scale, investment capital, project execution schedule, technological solutions and environmental solutions;

e) For foreign investors, such a dossier shall also include a joint-venture contract or a BCC and the enterprise's charter (if any).

4.2. Examination contents shall cover:

a) The compatibility with technical infrastructure planning, land use planning, construction planning, and planning on the use of minerals and other natural resources;

b) The land use demand;

c) The project execution schedule;

d) The environmental solutions

5. Examination procedures applicable to projects on the list of conditional investment domains

5.1. Examination procedures applicable to investment projects capitalized at under VND 300 billion each and on the list of conditional investment domains are stipulated as follows:

a) Project dossiers shall include explanations about conditions which must be met by investment projects; contents of investment registration stipulated in Clause 3, Article 45 of this Law, for domestic investment projects, or Clause 2, Article 46 of this Law, for foreign investment projects;

b) Contents of examination shall cover the conditions, which must be met by investment projects.

5.2. Examination procedures applicable to investment projects capitalized at VND 300 billion or more each and on the list of conditional investment domains are stipulated as follows:

a) Project dossiers shall include explanations about conditions, which must be met by investment projects; contents of examination dossiers are provided in Clause 1, Article 48 of this Law.

b) Contents of examination shall cover the conditions, which must be met by investment projects and those stipulated in Clause 2, Article 48 of this Law.

2. Procedures for business registration (according to Business Law):

2.1. Business registration dossier for private enterprises (01 set of records):

a. Request for business registration filed by the form stipulated by the Ministry of Planning and Investment.

b. Valid copy of one of legal personal identification of the private enterprise owner as stipulated in Article 18 of this Decree.

c. Certification of legal capital issued by the authorized organization for enterprises operating in business lines where legal capital is required by law..

d.. Valid copy of practice certificates of the enterprise director (Director General) and other individuals as stipulated in Clause 13, Article 4 of the Enterprise Law or enterprises operating in the business lines where practice certificates are required by law

2.2 Business registration documents for partnerships

a. Request for business registration in the standard form published by the authorized business registration body.

b.  Draft charter of the company3.

c.  List of partners4, copy of people’s identity card, passport or other lawful personal identification of each partner.

d. Document of an authorized body or organization certifying the legal capital in respect of enterprises conducting lines of business for which legal capital is required by law.

e. Practicing certificates of unlimited liability partners and other individuals in respect of partnerships conducting lines of business for which a practicing certificate is required by law.

2.3 Business registration documents for limited liabilities companies

a. Request for business registration in the standard form published by the authorized business registration body.

b. Draft charter of the company.

c. List of members and the following attached documents:

+ With respect to members being an individual, a copy of people’s identity card, of passport or other lawful personal identification;

+ With respect to members being an organization, a copy of the establishment decision, business registration certificate or other equivalent document; power of attorney, people's identity card, of passport or other lawful personal identification of the authorized representative.

+ With respect to members being a foreign organization, a copy of the business registration certificate which is certified by the body at which the organization has made the registration within three months before the date of submission of the business registration documents.

d. Document of an authorized body or organization certifying the legal capital in respect of enterprises conducting lines of business for which legal capital is required by law.

e. Practicing certificates of the director or general director and other individuals in respect of enterprises conducting lines of business for which a practicing certificate is required by law.

2.4. Business registration documents for shareholding companies

a. Request for business registration in the standard form published by the authorized business registration body.

b. Draft charter of the company.

c. List of founding shareholders and the following attached documents:

+ With respect to shareholders being an individual, a copy of people’s identity card, passport or other lawful personal identification;

+ With respect to shareholders being an organization, a copy of the establishment decision, business registration certificate or other equivalent document of the organization; power of attorney, people's identity card, passport or other lawful personal identification of the authorized representative.

+ With respect to a shareholder being a foreign organization, a copy of the business registration certificate must be certified by the body at which the organization registered within three months before the date of submission of the business registration documents

e. Document of an authorized body or organization certifying the legal capital in respect of enterprises conducting lines of business for which legal capital is required by law.

f. Practicing certificates of the director or general director and other individuals in respect of enterprises conducting lines of business for which a practicing certificate is required by law.

2.5 Registration of establishment of branches, representative offices (01 set of documents):

 a. Announcement of the establishment of the branch or representative office  (form) .
            b. Establishment decision.
 c. Certificate of business registration (copy).
            d. For private companies, only accompanied by certificates of business registration (copy).
             e. A copy of valid ID card or household registration book; passport, a valid permanent resident card (or other valuable papers instead) for the Vietnamese   residing abroad and foreigners permanently residing in Vietnam of the founding members.
           f. Documents certifying the legal capital of the agency, the competent organization for companies and businesses which are required by law to have legal capital requirements (applicable to the case of branching).
           g. Valid copy of vocational practicing certificate or a certificate of eligibility as prescribed by law (application case branching).


Bạn chưa có đủ quyền truy nhập portlet này.
Đang online: 1
Hôm nay: 17
Đã truy cập: 39917