Question: We are foreign company and would like to establish company operating in software programming in Vietnam, please advise?
Answer: This is reference to your query on establishment of a 100% foreign invested capital company in Vietnam, from which, we understand that you would like us to advise on establishment of a 100% foreign invested capital company, operating in software programming in Vietnam (hereinafter referred to as “Client”).
We are, therefore, grateful to present you hereinafter our Legal Services Proposal for your review and consideration.
1. SUMMARY OF BACKGROUND
In accordance with the information as provided by Client, we understand that you would like to establish a 100% foreign invested capital company, operating in software programming in Vietnam.
Now, Client requests SBLaw to support in establishment of the Company so as to obtain the Investment Registration Certificate and Corporate Registration Certificate.
2. PRELIMINARY COMMENTS
2.1. 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 30 working days from submission of required application dossier to 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 Vietnam. The time schedule to carry out this procedure shall be 07 working days from submission of required application dossier to relevant competent authority.
2.2. Licensing Process:
The roadmap for above said scope of work can be described in following steps:
- 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 07 working days.
- 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 the Province where the Client’s Company is located, for obtaining an Investment Registration Certificate. It shall take 30 working days from submission of required application dossier to Provincial 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 Business Registration Division at the same Provincial 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 Business Registration Division for completing this work.
