ESTABLISHMENT OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM (FDI ESTABLISHMENT) 2026: FINANCIAL CAPACITY VERIFICATION PROCEDURES AND PROOF OF BANK ACCOUNT BALANCE FOR FOREIGN INVESTORS ESTABLISHING A BUSINESS IN VIETNAM

    ESTABLISHMENT OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM (FDI ESTABLISHMENT) 2026: FINANCIAL CAPACITY VERIFICATION PROCEDURES AND PROOF OF BANK ACCOUNT BALANCE FOR FOREIGN INVESTORS ESTABLISHING A BUSINESS IN VIETNAM

    One of the most important aspects of the foreign investment licensing process in Vietnam is the verification of the investor's financial capability. Before granting an Investment Registration Certificate ("IRC"), the competent investment authority must assess whether the foreign investor possesses sufficient financial resources to implement the proposed investment project in accordance with its registered objectives, implementation schedule, and investment scale. Unlike ordinary enterprise registration procedures applicable to domestic investors, foreign investors are generally required to submit documentary evidence demonstrating their financial capability at the time of applying for investment approval.

    From a regulatory perspective, the requirement to verify financial capability is intended not only to protect the integrity of Vietnam's investment environment but also to ensure that approved investment projects are genuinely capable of being implemented. By requiring investors to demonstrate sufficient financial resources before granting investment approval, the competent authorities seek to minimize the risk of delayed implementation, abandoned projects, or unrealistic investment proposals that may adversely affect socio-economic development planning and the efficient allocation of land and other public resources.

    Clients who are interested in the procedures for establishing a foreign-invested enterprise in Vietnam are welcome to contact Dai Quang Minh Company 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 free, comprehensive, prompt, and accurate assistance.

    In addition, Dai Quang Minh Company provides a wide range of legal services, including sublicenses and specialized permits, enterprise registration, investment advisory services, foreign labor and work permit services, as well as ongoing legal consultancy for both domestic and foreign-invested enterprises.

    Contact us:

    - 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

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    I. Legal framework governing financial capacity verification

    The verification of an investor's financial capacity constitutes one of the fundamental legal requirements during the establishment of a foreign-invested enterprise in Vietnam. The legal framework governing this requirement is primarily provided under the Law on Investment 2025, the Law on Enterprises 2025, and Decree No. 96/2026/NĐ-CP guiding the implementation of the Law on Investment, together with other relevant implementing regulations and administrative guidance issued by the competent authorities.

    These legal instruments collectively establish the principles governing investment approval procedures, prescribe the documentary evidence that investors may be required to submit, and empower the licensing authorities to assess whether the proposed investment project is financially capable of being implemented. Depending on the nature of the investment project, investors may also be subject to additional requirements under specialized legislation applicable to regulated industries such as banking, insurance, securities, education, healthcare, aviation, logistics, or real estate business.

    During the investment licensing process, the competent authority evaluates several interrelated factors when assessing an investor's financial capability. First, the authority considers whether the investor possesses sufficient financial resources to contribute the proposed charter capital and finance the investment project as registered. Second, the authority examines the feasibility of the investment project, including whether the proposed business activities, implementation plan, estimated expenditures, and projected revenues appear commercially realistic. Third, the authority assesses whether the declared investment capital is proportionate to the investment scale, taking into account factors such as office or factory premises, equipment, technology, labor requirements, infrastructure, and expected operational costs. Finally, the authority reviews the proposed implementation schedule to determine whether the investor is financially capable of completing each stage of the project within the timeframe specified in the investment registration application. These assessment criteria enable the licensing authority to evaluate the overall credibility and viability of the proposed investment before granting approval.

    Accordingly, the documentation submitted to demonstrate financial capability plays a decisive role in the issuance of the Investment Registration Certificate ("IRC"). Documents such as bank account balance confirmations, audited financial statements, financial guarantees, loan commitments, or other lawful evidence of financial resources allow the licensing authority to verify that the investor has sufficient funding to implement the project in accordance with Vietnamese law. Where the submitted documents are incomplete, inconsistent, or fail to adequately demonstrate financial capability, the competent authority may request additional explanations, require supplementary documentation, or even refuse to approve the investment project until the statutory requirements have been fully satisfied.

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    II. Documentary evidence demonstrating financial capacity

    To satisfy the financial capacity requirement during the investment registration process, foreign investors are required to submit documentary evidence demonstrating that they possess sufficient financial resources to implement the proposed investment project. Vietnamese investment legislation does not prescribe a single mandatory document applicable to every investment project; instead, the competent licensing authority may accept various forms of financial evidence depending on the identity of the investor, the nature of the investment, and the financing structure of the project.

    Commonly accepted documents include bank account balance confirmations, bank statements, audited financial statements, audited financial reports of the parent company, financial guarantees, loan commitment letters, commitment letters from shareholders, and other lawful financial documents capable of evidencing the investor's financial capability. Regardless of the form of documentation submitted, the overriding objective is to provide convincing evidence that the investor has adequate financial resources to implement the investment project in accordance with the registered investment schedule and capital structure.

    The documentary requirements differ depending upon whether the foreign investor is an individual or a legal entity. Where the investor is an individual, the most frequently accepted evidence consists of a bank account balance confirmation or an official bank statement demonstrating that the investor personally possesses sufficient funds to finance the proposed investment. In some circumstances, additional documents may be requested to clarify the lawful origin of the funds or to explain significant transactions reflected in the bank statement, particularly where substantial deposits have been made shortly before the submission of the investment application.

    Where the investment is carried out by a parent company, additional forms of documentary evidence may also be accepted depending on the proposed investment structure. In many cases, the parent company may submit its own audited financial statements together with a formal commitment confirming its intention to finance the Vietnamese subsidiary. Where external financing forms part of the investment plan, the investor may additionally provide bank financing commitments, loan agreements, financial guarantees, or other legally valid documents demonstrating that the necessary funding will be available for the implementation of the project. These documents enable the competent authority to assess not only the investor's existing financial resources but also its ability to obtain additional financing where the total project investment capital exceeds the amount of charter capital contributed by the investor.

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    Highly Qualified Human Resources: Our team comprises experienced corporate legal experts and project legal consultants who have worked for many years with leading domestic private economic groups and major foreign-invested enterprises operating in Vietnam.

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    III. Bank account balance confirmation and financial proof requirements

    Among the various documents that may be submitted to demonstrate an investor's financial capability, the Bank Account Balance Confirmation is one of the most frequently requested and widely accepted forms of financial evidence, particularly where the foreign investor is an individual. A bank account balance confirmation is an official document issued by a financial institution certifying the amount of money held in a particular bank account as of a specified date. This document enables the competent investment authority to verify that the investor possesses sufficient financial resources to contribute the registered capital and implement the proposed investment project.

    In practice, a properly issued bank balance confirmation generally contains essential information such as the name of the account holder, the issuing bank, the account balance, the currency in which the balance is maintained, and the date of issuance. Depending on the policies of the issuing bank and the requirements of the licensing authority, additional information such as the account number or confirmation of account ownership may also be included to enhance the document's reliability.

    One of the most common questions raised by foreign investors concerns the amount of money that must be reflected in the bank account. Vietnamese investment legislation does not expressly require the account balance to be exactly equal to the total project investment capital recorded in the Investment Registration Certificate. Instead, the competent authority generally evaluates whether the submitted financial evidence is sufficient to demonstrate the investor's overall financial capability in light of the proposed investment scale and financing structure.

    In practice, investors often maintain their financial resources across multiple bank accounts or through different financing arrangements. Subject to the circumstances of the investment project, it is generally acceptable to submit multiple bank account balance confirmations where the combined balances adequately demonstrate the investor's financial capability. Likewise, where the investment is made through a corporate structure, the competent authority may accept financial documents issued in the name of the parent company, provided that such documents are accompanied by appropriate evidence demonstrating the parent company's commitment to finance the Vietnamese investment project.

    Foreign investors should also pay careful attention to the formal validity of financial documents before submitting them to the licensing authority. Documents issued overseas are commonly required to undergo consular legalization, unless exempted under an applicable international treaty or the principle of reciprocity, before they may be accepted for use in Vietnam. Following legalization, the documents generally must be translated into Vietnamese by a qualified translator and notarized or certified in accordance with Vietnamese regulations. In addition, investors should ensure that the bank account balance confirmation remains sufficiently recent at the time of submission, as documents issued long before the filing date may no longer accurately reflect the investor's current financial condition and could prompt requests for updated evidence.

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    IV. Practical issues encountered during the licensing process

    Although Vietnamese investment legislation clearly establishes the general principles governing financial capacity verification, foreign investors frequently encounter practical difficulties during the investment licensing process due to inconsistencies or deficiencies in their financial documentation. One of the most common issues arises where the financial documents submitted are inconsistent with the information contained in the investment registration dossier. For example, discrepancies may exist between the declared investment capital, the proposed financing structure, and the amount reflected in the supporting financial documents.

    Similarly, differences in the investor's name, ownership structure, or project details across various documents may prompt the licensing authority to question the reliability of the application. Such inconsistencies often result in requests for clarification or additional supporting evidence, thereby extending the overall processing time for the Investment Registration Certificate ("IRC"). For this reason, investors should carefully review the consistency of all financial documents before submission to ensure that the information presented accurately reflects the proposed investment project.

    Foreign-issued financial documents also present several procedural challenges that investors should anticipate before preparing their investment application. Bank account balance confirmations, audited financial statements, financial guarantees, and other supporting documents issued overseas generally require consular legalization, unless an exemption applies under an international treaty or the principle of reciprocity recognized by Vietnamese law. Following legalization, the documents must usually be translated into Vietnamese and notarized or certified in accordance with the applicable regulations.

    In practice, it is not uncommon for the licensing authority to request additional information or supplementary documentation before granting investment approval. These requests should not necessarily be interpreted as an indication that the investment application will be rejected; rather, they often reflect the authority's intention to verify the completeness, consistency, and credibility of the financial information provided.

    If you are interested in the reporting procedures applicable to enterprises engaged in the business of cybersecurity products and services, please contact Dai Quang Minh Company 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 free, comprehensive, prompt, and accurate assistance..

    In addition, Dai Quang Minh Company provides a wide range of legal services, including sublicenses and specialized permits, enterprise registration, investment advisory services, foreign labor and work permit services, as well as ongoing legal consultancy for both domestic and foreign-invested enterprises.

    Contact us:

    - 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 your business operations, if you have any questions or require further assistance, please do not hesitate to contact Dai Quang Minh Company. We are always ready to support and accompany you throughout the establishment, operation, and growth of your business.

    We wish you sustainable growth, continued success, and remarkable achievements in your business endeavors.

    Sincerely,

    Dai Quang Minh Company. /.

    1--ruyanh

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