Question: We plan to establish a travel agency in Nha Trang. Please quote.
This is reference to your query on establishment of a joint venture company, from which, we understand that you would like us to advise on establishment of a joint venture company operating in travel agencies field (hereinafter referred to as “Client’) in Nha Trang, Viet Nam. We are, therefore, grateful to present you hereinafter our Legal Services Proposal for your review and consideration.
- PRELIMINARY COMMENTS
1.1. According to the guidelines of Law on Investment 2014 and Law on Enterprises 2014, Client first needs to submit the dossier to apply for an Investment Registration Certificate. The time schedule to carry out this procedure shall be 20 working days from submission of required application dossier to the relevant competent authority.
After having been granted the Investment Registration Certificate, Client shall carry out the procedure to apply for a Corporate Registration Certificate of the Company to be established in Nha Trang City. The time schedule to carry out this procedure shall be 07 working days from submission of required application dossier to the relevant competent authority.
1.2. Licensing Process:
The roadmap for above said scope of work can be described in following steps:
a. Preparing the application dossier: We shall collect necessary information and documents from Client. Upon receipt of necessary information and documents from you, we shall translate documents from English into Vietnamese and prepare the application dossier under the standard forms. The initial drafted application dossier shall be sent to you for your comments. Then, after updating the application dossier based on your comments, we shall obtain the preliminary comments from the competent authority and send the finalized application dossiers for you to sign and seal. We anticipate that this phase shall be completed within 05 working days.
b. Licensing Procedure:
- Within 02 working days from receipt of duly signed and sealed application dossier, we shall submit the application dossier to Department of Planning and Investment in Khanh Hoa for obtaining an Investment Registration Certificate. It shall take 20 working days from submission of required application dossier to Khanh Hoa Department of Planning and Investment for obtaining the Investment Registration Certificate.
- Within 02 working days from obtaining the Investment Registration Certificate of Client, we shall submit the application dossier for the registration of your Company to the Corporate Registration Body at Khanh Hoa Department of Planning and Investment in order to be granted a Corporate Registration Certificate. It shall take 07 working days from submission of required application dossier to the Corporate Registration Body for completing this work.
c. For avoidance of any doubt, in practice, the administrative procedures may take longer than expected since the competent authority must consult relevant ministries before granting the Investment Registration Certificate and the Corporate Registration Certificate. In such a case, SBLaw shall try our best to accelerate the progress in order to obtain the approvals at the earliest as possible.
2.SCOPE OF WORK
We propose our scope of work in this case as follows:
|Description of work|
|Preparation of the application documents: |
· Notifying application documents required in accordance with Vietnamese laws;
· Drafting application documents required for submission purpose;
· Liaising with SBLaw to discuss the draft application documents;
· Amending the application documents based on Client’s comments;
· Obtaining preliminary comments from the licensing authority on the draft application documents;
· Finalizing the application documents following comments from the licensing authority; and
· Translating the final version of the application documents into Vietnamese for execution.
|Licensing procedures: |
· Submitting the application dossier to the licensing authority on Client’s behalf;
· Monitoring and following up with the relevant authorities on the approval process;
· Keeping your company updated on the developments and additional requirements, if any; and
· Assisting Client in obtaining the Investment Registration Certificate and the Corporate Registration Certificate.
3. PROFESSIONAL FEE
Professional Fee for performing SBLaw’s services as mentioned in Section 2 above will be as follows:
For obtaining the Investment Registration Certificate and the Corporate Registration Certificate: 5,000 USD (Five thousand US Dollars).
The above service fee is exclusive of 10% VAT, bank charge, actual fee for traveling and accommodation of our Lawyer in Nha Trang and cost for translation of documents from English into Vietnamese (10 USD per 150 words) and actual cost for traveling (if any).
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