FOREIGN‑OWNED BUSINESS ESTABLISHMENT SERVICES (2026): LEGAL REQUIREMENTS FOR ESTABLISHING A FOREIGN-INVESTED MANUFACTURING PLANT IN AN INDUSTRIAL PARK IN VIETNAM
Establishing a foreign-invested manufacturing plant in an industrial park in Vietnam is a multi-layered legal process. It is not limited to registering a company or signing a factory lease. A manufacturing project normally requires review of foreign investor market access, investment registration, enterprise establishment, industrial park location suitability, land or factory lease, environmental compliance, construction requirements, fire safety approval, machinery import, labor matters and post-licensing obligations.
Because a factory is both an investment project and a regulated production facility, foreign investors should complete the legal assessment before committing to a location, importing machinery or starting construction.
Prospective clients seeking assistance with procedures for setting up a manufactory in an industrial park in Vietnam are kindly invited to contact Dai Quang Minh Law Firm 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 Law Firm 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. MARKET ACCESS AND INVESTMENT PROJECT APPROVAL
The first legal issue is whether the proposed manufacturing activity is open to foreign investment in Vietnam. Under the Law on Investment 2025, business investment activities in Vietnam are governed by the investment law and other relevant laws, and foreign investors must comply with market access conditions applicable to their proposed sectors. Decree No. 96/2026/ND-CP further guides the market-access framework for foreign investors, including cases where Vietnamese law provides market access restrictions.
In practice, many ordinary manufacturing activities may be carried out by a 100% foreign-owned enterprise. However, the investor should not assume that every production project is automatically open. The legal review must begin with the exact product and production process. A factory producing ordinary mechanical parts, a food factory, a chemical processing plant, a medical device factory and an electronic component factory may each trigger different licensing requirements.
Before filing the investment dossier, the investor should clarify the products to be manufactured, raw materials, production capacity, machinery, technology, environmental impact, labor demand, and whether the project will include import, export, distribution, warehousing, repair or after-sales services. If the project involves conditional goods, restricted technology, hazardous chemicals, food, cosmetics, pharmaceuticals, medical devices, alcohol, tobacco-related products or high-pollution processes, additional legal review will be required.
For a project located in an industrial park, the competent authority will also assess whether the proposed activity is suitable for the industrial park’s approved planning, permitted industries, infrastructure capacity and environmental capacity. Decree No. 35/2022/ND-CP provides the legal framework for management of industrial parks and economic zones, including investment, construction, land, environmental protection, fire safety and production activities inside industrial parks.
II. ESTABLISHMENT OF THE FOREIGN-INVESTED ENTERPRISE
After the investment project is accepted or registered under the applicable procedure, the investor establishes the Vietnamese project company. The common corporate forms are a single-member limited liability company, multi-member limited liability company, joint stock company, or joint venture company if required or commercially preferred.
The enterprise registration dossier must be consistent with the approved investment project. The company name, head office, charter capital, legal representative, members or shareholders, business lines and investment objectives should be carefully aligned. If the company intends to conduct activities beyond manufacturing, such as import-export, distribution, warehousing, repair, installation, technical services or trading, these activities should be reviewed separately because some of them may be subject to additional market access or business licensing requirements.
Foreign investors should also note the updated enterprise transparency requirements. The 2025 amendments to the Law on Enterprises require enterprises to collect, update and retain information on beneficial owners and provide such information to competent authorities upon request. For foreign-invested companies with several ownership layers, nominee structures, offshore holding companies or investment funds, beneficial owner information should be prepared from the beginning to avoid difficulties during enterprise registration or future compliance checks.
Another important issue is capital contribution. The investor must contribute capital in accordance with the registered capital amount and timeline. If the investor fails to contribute capital on time, the company may need to amend its charter capital and investment project, and may also face administrative consequences. Therefore, the registered capital should be realistic and consistent with the factory lease, machinery import, construction plan, operating costs and production schedule.
WHY CHOOSE DAI QUANG MINH LAWFIRM
With years of practical experience in legal consulting, Dai Quang Minh Law Firm 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 Law Office:
Human Resources: Established in September 2009, with over 15 years of practical experience, Dai Quang Minh Law Firm brings together a team of lawyers and legal experts with long-standing expertise in private economic groups nationwide.
Consulting Policy: Clients are gifted a completely free legal consulting package when using services at Dai Quang Minh Law Firm.
Professionalism and Experience: Dai Quang Minh Law Firm has a workforce with in-depth knowledge of business formation, ensuring a swift and accurate consulting process.
Time-Saving: Using Dai Quang Minh Law Firm's services helps you save precious time as we handle the entire process and related procedures.
Legal Insight: Dai Quang Minh Law Firm 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 Law Firm has built a reputation for providing affordable business setup consulting to many enterprises and individuals nationwide.
Confidentiality Assurance: Dai Quang Minh Law Firm is committed to the absolute protection of your personal and business information.
Detailed Support: Dai Quang Minh Law Firm 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 Law Firm 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. INDUSTRIAL PARK LOCATION, LAND OR FACTORY LEASE, AND CONSTRUCTION COMPLIANCE
A manufacturing project inside an industrial park usually follows one of two models: leasing industrial land to build a factory or leasing a ready-built factory.
If the investor leases industrial land, the investor should review the legal status of the industrial park, land-use term, infrastructure developer’s right to sublease land, permitted land-use purpose, construction rights, infrastructure fees, wastewater treatment fees, handover conditions, termination rights and transfer restrictions. The land lease arrangement must match the investment project and the intended production activity.
If the investor leases a ready-built factory, the legal review should go beyond rent and handover date. The investor should check whether the factory has valid construction documents, fire safety documents, environmental documents and infrastructure conditions suitable for the proposed production line. A ready-built factory may reduce setup time, but it may not be suitable for projects requiring special electricity capacity, ventilation, wastewater treatment, chemical storage, dust control, heavy machinery foundation or special fire safety systems.
Construction compliance must also be reviewed if the investor builds a new factory, expands the factory or modifies a ready-built factory. Depending on the project, the investor may need construction design appraisal, a construction permit or confirmation of construction permit exemption, contractor compliance, construction safety management and completion acceptance. Projects located inside industrial parks may benefit from a more structured planning environment, but construction procedures are not automatically waived.
The key legal point is that the lease agreement, investment registration dossier, construction plan and actual production process must be consistent. If the investor signs a lease for a location that is not suitable for the intended manufacturing activity, later licensing, environmental or fire safety approval may become difficult.
IV. ENVIRONMENTAL, FIRE SAFETY AND PRODUCT-SPECIFIC CONDITIONS
Environmental compliance is one of the most important legal issues for manufacturing plants. The Law on Environmental Protection 2020 regulates environmental impact assessment, environmental licenses, environmental registration, waste management and environmental protection obligations. Depending on the project type, scale and environmental risk, a manufacturing project may need an environmental impact assessment report, an environmental license or other environmental documents before operation.
Even when the factory is located inside an industrial park with a centralized wastewater treatment system, the tenant enterprise remains responsible for its own environmental obligations. These may include internal wastewater collection and pre-treatment, exhaust gas treatment, hazardous waste storage and transfer, ordinary solid waste management, chemical storage safety, noise and dust control, environmental monitoring, wastewater connection standards and periodic reporting.
Fire prevention and firefighting compliance should be handled at the design stage. Decree No. 105/2025/ND-CP details a number of articles and measures for implementing the Law on Fire Prevention, Firefighting, Rescue and Salvage. Depending on the factory type and risk level, the project may need fire safety design appraisal, fire safety acceptance before operation, installation of fire alarm and firefighting systems, emergency exits, evacuation plans, internal firefighting teams, fire safety training and periodic inspection records.
In addition to general environmental and fire safety requirements, some manufacturing projects require product-specific legal conditions. For example, food production may require food safety compliance and product declaration procedures. Cosmetics, medical devices, chemicals, pharmaceuticals, alcohol, tobacco-related products, electrical equipment and products subject to technical standards may require specialized permits, conformity procedures, product notification, safety conditions or circulation requirements.
Therefore, “manufacturing” should not be treated as one general business line. The legal pathway depends heavily on the product, production process and risk profile of the factory.
V. MACHINERY IMPORT, LABOR COMPLIANCE AND POST-LICENSING OBLIGATIONS
After the company is established, the investor may import machinery, equipment, molds, tools, components and production lines. Before importation, the company should confirm whether the machinery is new or used, whether import restrictions apply, whether specialized inspection is required, and whether the equipment may be recorded as fixed assets of the investment project. If used machinery is imported, technical standards and customs requirements should be checked in advance to avoid customs delays and storage costs.
Labor compliance must also be prepared before operation. The factory should prepare labor contracts, internal labor regulations, salary policies, working-hour arrangements, overtime procedures, social insurance registration, occupational safety and health training, and workplace safety records. If the factory employs foreign managers, experts, technicians or installation engineers, work permit or work permit exemption requirements must be reviewed. Decree No. 219/2025/ND-CP regulates foreign workers in Vietnam, including work permits and work permit exemption certificates.
Once the factory starts operation, the company must maintain ongoing compliance. Key post-licensing obligations include capital contribution within the registered timeline, tax registration, e-invoice registration, accounting records, investment project reporting, environmental monitoring and reporting, fire safety inspection records, labor reporting, work permit management, customs compliance and license amendments when project details change.
If the company changes its product, production scale, factory location, investment capital, ownership structure, machinery, production process or environmental impact, it may need to amend the Investment Registration Certificate, Enterprise Registration Certificate, environmental documents, fire safety approvals or other specialized licenses.
Prospective clients seeking assistance with procedures for setting up a manufactory in an industrial park in Vietnam are kindly invited to contact Dai Quang Minh Law Firm 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 Law Firm 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
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