ESTABLISHMENT OF A FOREIGN-INVESTED ENTERPRISE IN VIETNAM: ESTABLISHING A FOREIGN-INVESTED ENTERPRISE VIA INDIRECT INVESTMENT
Establishing a foreign-invested enterprise via indirect investment through the mechanism of setting up a wholly Vietnamese-owned company first and then completing procedures for registering capital contributions, purchasing shares, or acquiring capital contributions is currently a top strategic choice for many international investors seeking to enter the Vietnamese market quickly, safely, and flexibly. Compared to direct investment, which requires a complex project appraisal process to obtain an Investment Registration Certificate (IRC) tied to a specific project location, the indirect investment method minimizes initial planning checks and location dossier requirements
Prospective investors seeking assistance with establishing a foreign-invested enterprise (foreign direct investment, foreign portfolio investment) in Vietnam are kindly invited to contact Dai Quang Minh via Hotline: 0932 191 299; Zalo: 0932 191 299; Email: info@quangminhlawfirm.com; Viber: (+84) 337 926 405; WhatsApp: (+84) 337 926 405; WeChat: (+84) 337 926 405 (ID: pouniverse) for complimentary consultation and comprehensive, efficient, and accurate legal services.
In addition, Dai Quang Minh Company provides a wide range of services, including sub-licenses, business registration, investment, foreign labor, and ongoing legal advisory services for both domestic and foreign enterprises.
Contact:
- Zalo: 0932.191.299
- Gmail: info@quangminhlawfirm.com
- Viber: (+84) 337926405/ (+84) 869672216
- WhatsApp: (+84) 337926405/ (+84) 869672216
- Wechat:(+84) 337926405 (ID: _pouniverse)/(+84) 869672216 (ID:DQM_Verna)
- Telegram: (+84) 337926405/ (+84)869672216
I. Establishment of a Foreign-Invested Enterprise in Vietnam: Prerequisites for Foreign Investors
- Market Access Requirements: Registered business lines must not be on the prohibited investment list and must meet foreign ownership limits and investment forms specified under WTO, EVFTA, and CPTPP commitments;
- Financial Capacity: Prove financial resources corresponding to the registered capital via bank balance confirmation (for individuals) or audited financial statements for the last 02 years / financial support commitment (for legal entities);
- Project Location: A valid lease agreement for office/premises with full legal documentation proving the lessor's right to lease (Land Use Rights Certificate, Construction Permit, Business Registration with real estate business function) and not located in apartment buildings designated solely for residential purposes.
II. Establishment of a Foreign-Invested Enterprise in Vietnam: Dossier components for Direct Establishment
- Legal document of foreign investor: Individual: Notarized true copy of passport and notarized translation;
- Financial capacity documents: Individual: Bank account statement (All the above documents must be consular legalized and notarized translated);
- Location Lease Contract;
- Legal document of the Landlord.
Why choose Dai Quang Minh Company?
With years of practical experience in legal consulting, Dai Quang Minh Company is a pioneer in corporate support services, specializing in fast and affordable company formation. Below are the reasons to choose business registration services at Dai Quang Minh Company:
Human Resources: Gather a team of corporate legal experts and project legal experts with a long working history at domestic private economic groups; large foreign-invested enterprises operating in Vietnam.
Consulting Policy: Clients are gifted a completely free legal consulting package when using services at Dai Quang Minh Company.
Professionalism and Experience: Dai Quang Minh Company has a workforce with in-depth knowledge of business formation, ensuring a swift and accurate consulting process.
Time-Saving: Using Dai Quang Minh Company 's services helps you save precious time as we handle the entire process and related procedures.
Legal Insight: Dai Quang Minh Company ensures that all relevant legal regulations are strictly followed in accordance with the law.
Customization: Our consulting services are highly adaptable to your specific needs, allowing you to choose options suitable for your business.
Trusted Partner: Dai Quang Minh Company has built a reputation for providing affordable business setup consulting to many enterprises and individuals nationwide.
Confidentiality Assurance: Dai Quang Minh Company is committed to the absolute protection of your personal and business information.
Detailed Support: Dai Quang Minh Company provides detailed advice and support regarding the process and requirements to help you better understand business formation.
Process Optimization: Our consulting helps optimize the business setup process, minimizing potential risks and difficulties.
Excellent Customer Experience: Dai Quang Minh Company is dedicated to providing the best customer experience through professional advice and enthusiastic support.
Focus on Business Plans: By utilizing our registration services, you can focus on developing your business plans and core activities instead of worrying about legal procedures.
III. Establishment of a Foreign-Invested Enterprise in Vietnam: Detailed step-by-step procedure
- Step 1: Establishment of a 100% Vietnamese-Owned Enterprise:
+ Initially establish a Vietnamese enterprise held by Vietnamese individuals/entities. The company receives an Enterprise Registration Certificate (ERC) and tax code like a standard domestic company, completely avoiding the need for an IRC.
- Step 2: Registration of Capital Contribution / Share Purchase for Foreign Investor:
+ Submit a dossier requesting Approval for capital contribution, share purchase, or acquisition of capital contributions for the foreign investor. The specialized authority will review market access conditions, restricted business lines, and foreign ownership limits.
- Step 3: Registration of Changes to Enterprise Registration (Ownership Transfer to Foreign Investor):
+ Upon receiving the Approval Letter for capital contribution, the company submits a dossier to update its enterprise registration, officially recording the foreign investor as the owner, member, or shareholder.
IV. Establishment of a Foreign-Invested Enterprise in Vietnam: Legal obligations and important notes
- Bank Account Regulations:
+ Foreign investors holding 51% or more of charter capital post-acquisition: The company must open a Direct Investment Capital Account (DICA) to receive transfer payments and execute capital flows;
+ Foreign investors holding less than 51% of charter capital: Capital transfer payments must be conducted through an Indirect Investment Capital Account (IICA) opened by the foreign investor at a commercial bank.
- Capital Transfer Tax Obligations: When Vietnamese individuals or entities transfer capital contributions or shares to foreign investors, personal income tax or corporate income tax must be declared and paid within statutory deadlines.
- Labor Regulations & Temporary Residence Card (TRC):
+ Capital contribution less than VND 3 billion (DT4 Visa): Not exempt from Work Permits and not eligible for an Investment TRC. If working directly in Vietnam, the investor must obtain a Work Permit first and then apply for a Labor TRC (LD2) with a maximum validity of 02 years;
+ Capital contribution equal or more than VND 3 billion (DT3, DT2, DT1 Visas): Exempt from Work Permits and eligible for an Investment TRC with a validity ranging from 3 to 10 years depending on capital scale.
Prospective investors seeking assistance with establishing a foreign-invested enterprise (foreign direct investment, foreign portfolio investment) in Vietnam are kindly invited to contact Dai Quang Minh via Hotline: 0932 191 299; Zalo: 0932 191 299; Email: info@quangminhlawfirm.com; Viber: (+84) 337 926 405; WhatsApp: (+84) 337 926 405; WeChat: (+84) 337 926 405 (ID: pouniverse) for complimentary consultation and comprehensive, efficient, and accurate legal services.
In addition, Dai Quang Minh Company provides a wide range of services, including sub-licenses, business registration, investment, foreign labor, and ongoing legal advisory services for both domestic and foreign enterprises.
Contact:
- Zalo: 0932.191.299
- Gmail: info@quangminhlawfirm.com
- Viber: (+84) 337926405/ (+84) 869672216
- WhatsApp: (+84) 337926405/ (+84) 869672216
- Wechat: (+84) 337926405 (ID: _pouniverse)/ (+84) 869672216 (ID: DQM_Verna)
- Telegram: (+84) 337926405/ (+84) 869672216
During the course of operations, should you have any questions or require any assistance, please contact Dai Quang Minh Company. We are always ready to provide support and accompany you throughout the process of construction, operation, and development.
We wish you sustainable development and breakthrough success.
Sincerely thank you./.
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