Having known that foreign investor (hereinafter referred to as “The Client”) is planning to develop the project of distributing cosmetic products and wishes to engage a Vietnamese law firm to perform all relevant procedures for setting up 100% foreign owned company with business function of distributing such cosmetic products,
SBLaw (hereinafter referred to as “The Consultant”), one of the business law firms in Vietnam with full experience and abilities, would like to provide the Client with the following legal consultancy services concerning its plan in accordance with Vietnamese laws as follows:
I. SERVICES RENDERED BY CONSULTANT
In order to assist the Client in obtaining the approval of local competent authorities in permitting the Client to operating the business function of distribution, the Consultant shall carry out the following activities:
1.Giving legal advice relating to the procedures for setting up the Company in Vietnam;
2.Preparing the Application Dossier
Drafting Application Dossier (in both Vietnamese and English) for getting the Investment Certificate and send to the Client for signature and stamp;
Consulting and drafting the contents of the Charter of the Company in accordance with current regulations and for the best benefits of the Client;
Translating the necessary documents into Vietnamese as the requirement of the regulations and at the request of local authorities;
Submitting the translated documents to Vietnam public notary office and receiving the notarized versions;
Assisting and finalizing the Application Dossiers, including Application Dossier for Investment Certificate and Application Dossier for Business Registration in English and Vietnamese with contents and forms in compliance with Vietnamese regulations and the requirements of Vietnam competent authorities:
The Application Dossier for Investment Certificate shall consist of:
Application for Registration of Investment;
Written explanation about the satisfaction of business condition regarding nationality of legal entity, form of investment, business services, scope of business;
Registration for contents to detail in goods purchase and sale and goods purchase and sale relating activities;
Legal Status Certification of the Investor;
Paper certifying financial capacity of the Investor;
In principle office leasing agreement;
Other necessary documents as requested by laws of Vietnam (if any).
The Application Dossier for Business Registration shall consist of:
Charter of the newly established Company;
List of the investor(s) of the Company;
List of authorized representatives of Investors in Vietnam;
Other necessary documents as requested by laws of Vietnam (if any).
Collecting all documents and files the completed Dossier after the completion of all above necessary documents.
3.Submit the Application Dossiers to the competent authorities and follow up their licensing process to obtain the approval at the soonest
Representing the Client to submit the Application Dossiers to competent authorities for getting their Approval on the wholesale and retailing the cosmetic products and issuing the Investment Certificate for the Company;
Representing the Client to liaise with competent authorities to obtain their best support on reviewing and considering the Dossiers;
Assisting the Client in explaining, amending and supplementing the Application Dossiers at the request of the competent authorities from time-to-time to overcome Vietnam’s Trading Technical Barriers;
Usually updating information of the licensing process to the Client;
Representing the Client to receive the Investment certificate;
4.Post-licensing service
After the Investment Certificate is granted to the project, Consultant shall assist the newly set up company to complete administrative procedures for its official operation, including:
Registering and getting the Company’s tax code
Drafting and finalizing necessary documents of application dossier for registering tax code;
Representing the Client to submit the application dossier to Hanoi Competent Authority;
Explaining and amending the application dossier according to the requirement of relevant authorities;
Representing the Client to receive the Certification of Tax Code and hand it over to the Client.
Registering and getting the Company’s stamp
Drafting and finalizing all necessary documents relating to register the company’s stamp;
Accompanying with The Client to submit to Hanoi Competent authority;
Representing the Client to make the company’s seal;
Accompanying with the Client to receive the seal and Certificate of registration of stamp sample and transfer them to the Client.
Making announcement of operation on newspaper
Drafting the content of Announcement of the Company’s operation;
Assisting the Client in finding a newspaper agency and contacting with it to post the Announcement of the Company’s operation;
Representing the Client to receive the issued newspapers and invoice from newspaper office and transfer them to the Client.
II.RESPONSIBILITY OF CLIENT
Providing the Consultant with all required documents, related information for the above procedures at the requests of the Client;
Making payment to the Consultant.
III.OUR TASK SCHEDULE
Within 03 (three) working days since the parties sign in this Proposal or Consultancy Service Agreement, the Consultant shall prepare and send a questionnaire to the Client for its preparation of the Application Dossiers;
Within 10 (ten) working days from the date of full receipt of all necessary information as required in the above questionnaire, the Consultant shall draft and send the Application Dossier to the Client for comments or signature and stamp;
Within 60 (sixty) working days from the date of official submission of Application Dossiers to the local authority, the Consultant shall contact and get the Investment Certificate for the Company and transfer it to the Client.
Within 05 (five) working days from the date of receiving the Investment Certificate, the Consultant shall complete the post-licensing procedures and transfer the results to the Client.
Note: The time for explanation, amendment and supplement to the Application Dossiers at request of relevant authorities is exclusive.
