SERVICE ON PERFORMING INVESTMENT PROCEDURES FOR FOREIGN INVESTORS IN HCM CITY, VIETNAM

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INDEX
1	Forms of investment for foreign investors in Vietnam
2	Implementing investment procedures for foreign investors in Vietnam
3	Benefits of investing through capital contribution, shares purchase, and repurchase of capital contributions in companies
4	Services for establishing a foreign invested company in Vietnam by Thuy Ngoc Law Firm
5	Conditions for establishing a foreign-invested enterprise in Vietnam
6	Apply for a business license, certificate of satisfaction of conditional business conditions
7	Documents and information needed to prepare for establishing a foreign-invested company in Vietnam
8	Charter capital of a company with foreign investment capital in Vietnam
9	Foreign investors' ownership ratio in enterprises
10	Business lines of foreign-invested companies in Vietnam
11	Headquarters of foreign-invested companies
12	Service fees and time to establish a foreign invested company in Vietnam
13	Results customers receive when using the service of establishing a company with foreign investment capital of Thuy Ngoc Law Firm
14	Why do you choose Thuy Ngoc Law Firm's company establishment service?
15	Things to do after establishing a foreign-invested company
16	Types of taxes that foreign-invested companies must pay after establishing the company in Vietnam
17	Answers to some questions related to company establishment services

According to the provisions of Vietnamese law, a foreign-invested company in Vietnam is a company with foreign investors as members or shareholders.

A foreign investor is an individual with foreign nationality or an organization established under foreign law that conducts investment and business activities in Vietnam

Thus, a foreign-invested company in Vietnam includes:

- A 100% foreign-owned company: All investment capital is owned by foreign investors.

- A company with capital contributions from individuals with foreign nationality or organizations established under foreign law regardless of the capital contribution ratio.

1- FORMS OF INVESTMENT FOR FOREIGN INVESTORS IN HCM CITY, VIETNAM

When investing in Vietnam, foreign investors can choose the following forms:

(1) Establishing a company with foreign investment capital from the beginning, the foreign investor's capital contribution ratio is up to 100% of the company's charter capital;

(2) Foreign investors contribute capital, buy shares, buy capital contributions in a Vietnamese company that has a Certificate of Enterprise Registration.

(3) A company with foreign investment capital continues to contribute capital to establish a new company in Vietnam.

(4) Investing in the form of a business cooperation contract (BCC)

(5) Investing in the form of a PPP contract.

However, the two most common forms today are:

(1) Establishing a company with foreign investment capital from the beginning, the foreign investor's capital contribution ratio is from 1% to 100% of the company's charter capital;

(2) Foreign investors contribute capital, buy shares, buy capital contributions in a Vietnamese company that has a Certificate of Enterprise Registration.

2- IMPLEMENTING INVESTMENT PROCEDURES FOR FOREIGN INVESTORS IN IN HCM CITY, VIETNAM

Form 1: Establishing a new economic organization with capital of foreign investors in Vietnam from the beginning.

Implementation steps:

The procedure for establishing a company with foreign investment capital, in which foreign investors contribute capital from the time the company is established, includes 08 specific steps as follows:

Step 1: Prepare and submit an application for an Investment Registration Certificate

Step 2: Receive an Investment Registration Certificate

Step 3: Prepare and submit an application for an Enterprise Registration Certificate

Step 4: Receive an Enterprise Registration Certificate

Step 5: Make the company seal

Step 6: Open a foreign direct investment capital account at a bank

Step 7: Apply for a Business License or a Certificate of Eligibility to Operate (if any)

Step 8: Carry out procedures after establishing a company, such as: Tax declaration, accounting, periodic reporting, etc.

Form 2: Contribute capital, buy shares, buy capital contributions to an enterprise that has a registration certificate enterprises.

Implementation steps:

In case an enterprise carries out procedures to establish a foreign-invested company in the form of capital contribution, share purchase, and capital contribution purchase of a company that already has a business registration certificate, the procedure will include 6 steps as follows:

Step 1: Establish a company with 100% Vietnamese capital

Step 2: Carry out procedures to register capital contribution, share purchase, and capital contribution purchase of foreign investors

Step 3: Foreign investors contribute capital, purchase shares, and capital contribution of Vietnamese enterprises

Step 4: Carry out procedures to change the Business Registration Certificate (change capital contributors, shareholders)

Step 5: Apply for a Business License or a Certificate of Eligibility to Operate (if any)

Step 6: Carry out procedures after establishing the company, such as: Tax declaration, accounting, periodic reporting, etc.

3- BENEFITS OF INVESTING THROUGH CAPITAL CONTRIBUTION, SHARES PURCHASE, AND REPURCHASE OF CAPITAL CONTRIBUTIONS.

When foreign investors invest in the form of capital contribution, shares purchase, or capital contribution purchase in enterprises, they will receive the following benefits:

a) No need to carry out procedures to apply for an Investment Registration Certificate

When foreign investors contribute capital or purchase shares in Vietnamese companies that have a Business Registration Certificate, foreign investors do not have to carry out procedures to obtain an Investment Registration Certificate, even when purchasing 100% of the capital contribution.

Instead, before making capital contributions, purchasing shares, or purchasing capital contributions, foreign investors must carry out procedures for registering capital contributions, purchasing shares, or purchasing capital contributions with competent authorities in Vietnam.

b) Easy change procedures

After the company is established, changing the business registration is similar to that of 100% Vietnamese-owned enterprises, creating convenience and reducing costs for investors.

c) Documents proving head office address are simpler

When establishing a company, providing documents to prove the company's head office address is simpler.

d) Proof of financial capacity is simpler

The process of proving financial capacity becomes easier, reducing barriers for investors.

4- SERVICES FOR ESTABLISHING A FOREIGN INVESTED COMPANY IN HCM CITY, VIETNAM BY THUY NGOC LAW FIRM

Here are the things Thuy Ngoc Law Firm will do when performing the company establishment service:

- Consulting on conditions for establishing a foreign invested company: Capital contribution ratio of foreign investors in Vietnam; business conditions of each industry; project implementation location; note the procedures before and after establishing a foreign invested company;

- Consulting and guiding investors to prepare necessary documents to establish a foreign invested company;

- Consulting on the process and procedures for applying for an investment certificate and establishing a business;

- Drafting complete documents for applying for an investment registration certificate, business registration certificate;

- Submit application for investment registration certificate, business registration certificate to competent authority;

- Monitor and resolve issues arising during the application process for investment registration certificate, business registration certificate;

- Receive results on behalf of enterprises at competent authority as prescribed;

- Hand over investment certificate, business registration certificate, seal, ... to enterprises;

- Publish establishment information on the National Business Registration Information Portal;

- Consult on opening capital transfer account, capital contribution period;

- Support post-establishment procedures such as: Buying digital signature, initial tax declaration, ordering electronic invoices and invoice issuance notification...

- Consulting and performing services: Accounting, tax declaration, tax consultancy, work permit, temporary residence card... for foreign investors in Vietnam.

5- CONDITIONS FOR ESTABLISHING A FOREIGN-INVESTED ENTERPRISE IN VIETNAM

When establishing a foreign-invested enterprise in Vietnam, foreign investors must satisfy the following conditions:

a) Conditions on the subject and nationality of the foreign investor

Being an individual over 18 years old, an organization or enterprise with the nationality of a member of the WTO or having signed a bilateral treaty related to investment with Vietnam.

b) Conditions on business lines

Foreign investors are only allowed to establish a company to do business in the fields permitted by Vietnamese law.

c) Market access conditions for foreign investors

Market access conditions for foreign investors stipulated in the List of industries and occupations with restricted market access for foreign investors include: The ratio of charter capital ownership of foreign investors in economic organizations; investment form, scope of investment activities; capacity of investors;...

d) Conditions on the headquarters of the company intended to register and the location of the investment project

Unlike a Vietnamese-owned company, when establishing a company with foreign investment capital, foreign investors must have documents proving the headquarters of the company and the location of the company project upon submitting the company establishment dossier.

Accordingly:

- Investors must have a location to implement the investment project in Vietnam through a location lease contract, a house lease contract, a land lease contract and legal real estate documents of the lessor to serve as the company headquarters and the location of the project.

- For the location of the production project, there must be a real estate leasing function on the land use right certificate and the business registration certificate of the lessor and must be located in an industrial park or cluster.

- The headquarters of the company implementing the project must not use an apartment building, the company establishment dossier must be submitted with the lease contract of the headquarters, project location and legal documents (notarized copies) of the lessor.

e) Conditions on capacity and experience and specific conditions according to the investment field

- Foreign investors must meet specific conditions for business lines with conditions for foreign investors.

- For some fields, foreign investors need to prove their capacity and experience in the investment field.

6- APPLY FOR A BUSINESS LICENSE, CERTIFICATE OF SATISFACTION OF CONDITIONAL BUSINESS CONDITIONS IN HCM CITY, VIETNAM

A certificate of eligibility for business and a business license are only required for conditional investment and business lines.

If a business conducts business in non-conditional lines, it only needs a Certificate of Business Registration to be allowed to operate.

According to Vietnamese law, it is the obligation of a business to meet the investment and business conditions when conducting business in conditional investment and business lines. When an enterprise operates in a conditional business investment sector but fails to meet the business conditions prescribed by law, the Business Registration Authority or competent state agency shall request the enterprise to temporarily suspend, cease operations, terminate business or be subject to administrative sanctions according to regulations.

You can refer to information about Business Licenses here:

Business License Application Service (See details)

7- DOCUMENTS AND INFORMATION NEEDED TO PREPARE FOR ESTABLISHING A FOREIGN-INVESTED COMPANY IN HCM CITY, VIETNAM

When establishing a foreign-invested company in Vietnam, foreign investors need to prepare the following documents and information:

a) Documents proving the legal status of the investor

For institutional investors: A copy of the Certificate of Company Establishment or other equivalent legal document to verify the legal status of the investor.

For individual investors: A copy of passport/Citizen identification card.

b) Documents proving the financial capacity of the investor

For institutional investors: Financial statements of the last 2 years/Commitment of financial support from the parent company/Financial commitment from the financial institution/Guarantee of the financial capacity of the investor/Documents proving the financial capacity of the investor.

For individual investors: Documents confirming the account balance/Savings book, etc.

c) Documents on the headquarters

Headquarters lease contract, Documents proving the lessor's right to lease (Certificate of land use rights, Construction permit, Certificate of business registration with real estate business function of the lessor or equivalent documents).

d) Technology documents

If the project uses technology, it is necessary to attach an explanation of the use of technology for the project as prescribed, including the following contents: technology name, technology origin, technology process diagram; main technical parameters, usage status of machinery, equipment and main technological lines.

g) Information about the company to be established

Company name; head office address; business lines; charter capital; legal representative...

Note:

Documents in foreign languages ​​must be translated into Vietnamese and notarized, consularized at a Vietnamese diplomatic representative agency abroad.

8- CHARTER CAPITAL OF A COMPANY WITH FOREIGN INVESTMENT CAPITAL IN VIETNAM

Vietnamese law does not stipulate a minimum or maximum charter capital, except for some cases of business in conditional industries, which have regulations on legal capital and deposit levels, so investors can decide on the appropriate charter capital.

In the case of doing business in industries that have regulations on legal capital (such as security services, banking, securities, insurance, etc.) or require deposits (such as film production services, labor leasing, etc.), the minimum charter capital must be equal to the legal capital or deposit as prescribed.

Depending on the economic capacity of the owner and the purpose of the operation, the enterprise will decide on the specific charter capital level. Normally, the enterprise will consider the following factors to decide on the charter capital:

- The financial capacity of the owner.

- The scope and scale of the enterprise's operations.

- The actual operating costs of the enterprise after establishment;

- Business projects signed with partners...

INDEX
1	Forms of investment for foreign investors in Vietnam
2	Implementing investment procedures for foreign investors in Vietnam
3	Benefits of investing through capital contribution, shares purchase, and repurchase of capital contributions in companies
4	Services for establishing a foreign invested company in Vietnam by Thuy Ngoc Law Firm
5	Conditions for establishing a foreign-invested enterprise in Vietnam
6	Apply for a business license, certificate of satisfaction of conditional business conditions
7	Documents and information needed to prepare for establishing a foreign-invested company in Vietnam
8	Charter capital of a company with foreign investment capital in Vietnam
9	Foreign investors' ownership ratio in enterprises
10	Business lines of foreign-invested companies in Vietnam
11	Headquarters of foreign-invested companies
12	Service fees and time to establish a foreign invested company in Vietnam
13	Results customers receive when using the service of establishing a company with foreign investment capital of Thuy Ngoc Law Firm
14	Why do you choose Thuy Ngoc Law Firm's company establishment service?
15	Things to do after establishing a foreign-invested company
16	Types of taxes that foreign-invested companies must pay after establishing the company in Vietnam
17	Answers to some questions related to company establishment services

9- FOREIGN INVESTORS' OWNERSHIP RATIO IN ENTERPRISES IN HCM CITY, VIETNAM

According to the provisions of Vietnamese law, foreign investors are allowed to own charter capital in enterprises as follows:

a) Foreign investors are not allowed to own charter capital in enterprises operating in industries and trades that are not yet accessible to foreign investors.

b) For industries and trades that are subject to market access conditions for foreign investors, the determination of foreign investors' ownership ratio is implemented as follows:

- In cases where laws, resolutions, ordinances, decrees and treaties stipulate the ownership ratio of foreign investors, the maximum ownership ratio of foreign investors in enterprises shall be implemented according to this ratio.

- In cases where laws, resolutions, ordinances, decrees and treaties do not stipulate restrictions on the ownership ratio of foreign investors, foreign investors may own up to 100% of the charter capital of an enterprise and must ensure other conditions stipulated in the Investment Law (if any).

c) For industries not included in the List of industries with restricted market access for foreign investors, foreign investors may own up to 100% of the charter capital of an enterprise.

10- BUSINESS LINES OF FOREIGN-INVESTED COMPANIES IN HCM CITY, VIETNAM

Foreign-invested enterprises are entitled to freely conduct business in industries and trades that are not prohibited by law if they meet all investment and business conditions when conducting business in conditional investment and business lines; conditional market access lines for foreign investors as prescribed by law and ensure that such conditions are maintained throughout the business operation.

The business lines of foreign-invested enterprises must meet the following conditions:

- The business lines must be in the Vietnamese economic sector code system and not be included in the industries and trades prohibited from investment and business.

- If the business line is a conditional investment and business line, the investor must meet the conditions prescribed by law.

- Satisfy the conditions in the WTO commitments, FTAS, AFAS agreements... and bilateral agreements between Vietnam and countries of which the investor is a national.

11- HEADQUARTERS OF FOREIGN-INVESTED COMPANIES IN HCM CITY, VIETNAM

According to the provisions of Vietnamese law:

- The head office address of the company must be accurate, clear and under the legal use of the enterprise.

- The head office of the enterprise is the contact point of the enterprise in the territory of Vietnam, with a specified address including house number, alley, lane, street, road or village, hamlet, commune, ward, town, district, town, city under the province, centrally run city. When a State agency contacts the enterprise by official dispatch, it is always sent directly to the head office address. Enterprises need to ensure a clear registration address to avoid losing official documents that affect communication with the authorities.

- The company headquarters must have documents proving legal rights of use to be able to carry out legal procedures after the company is established.

If you do not have an address to set up the company headquarters, you can use virtual office service of Golden Star Accounting Firm:

Virtual office service (See details)

12- SERVICE FEES AND TIME TO ESTABLISH A FOREIGN INVESTED COMPANY IN HCM CITY, VIETNAM

This fee schedule is for reference only, please contact Thuy Ngoc Law Firm for an exact quote.

No	Service	Time	Fee (VND)
1	Establishing new enterprise with foreign investor capital in Vietnam from the beginning	from 25 - 35 working day	from 25.000.000
2	Contribute capital, buy shares, buy capital contributions to a company that has a business registration certificate	From 15- 30 working day	from 19.000.000
3	Apply for a business license for conditional business lines	from 30 - 45 working day	from 25.000.000

Address, email and contact information (See details)

13- RESULTS CUSTOMERS RECEIVE WHEN USING THE SERVICE OF ESTABLISHING A COMPANY WITH FOREIGN INVESTMENT CAPITAL OF THUY NGOC LAW FIRM

When using the service of establishing a company with foreign investment capital at Thuy Ngoc Law Firm, customers will receive the following results:

1) Investment registration certificate;

2) Business registration certificate;

3) Company round seal;

4) Bank account opening file;

5) Digital signature;

6) Electronic invoice;

7) Announcement of business registration information;

8) Free legal advice during the business establishment process.

14- WHY DO YOU CHOOSE COMPANY ESTABLISHMENT SERVICE IN HCM CITY, VIETNAM OF THUY NGOC LAW FIRM?

a) Many years of experience in company establishment services

Thuy Ngoc Law Firm has many years of experience in providing company establishment services, consulting on business registration, for thousands of customers in different fields and business lines. Thuy Ngoc Law Firm's professional company establishment services have been trusted and chosen by thousands of partners.

Introduction to Thuy Ngoc Law Firm (See details)

b) Highly qualified staff

The staff performing business registration consulting services at Thuy Ngoc Law Firm are highly qualified, experienced and have practical knowledge in the fields of law, tax, and accounting.

You will be advised by experts with master's degrees (MBA), lawyers, auditors (CPA).

Key leadership and staff of Thuy Ngoc Law Firm (See details)

c) Dedicated, enthusiastic consultation

Customers will be directly advised by a team of consultants on industry codes, charter capital, conditions for establishing a company... suitable for each customer's business requirements.

d) Save time and money

Do you want to save time and money when establishing a company? Thuy Ngoc Law Firm's professional company establishment service will help you save time and money when establishing a company.

e) Fast company establishment time

Do you need a company specializing in providing company establishment services, performing professional company establishment procedures, with fast processing time, accurate procedures, professional, dedicated, enthusiastic service, reasonable prices? Thuy Ngoc Law Firm will help you

g) Support in solving accounting and tax issues

The procedure for registering a company is the initial stage but is only a very small part of the operation process of a business. The issues after establishment, especially tax, accounting, business law ... are the important issues and directly affect business activities.

As a company specializing in accounting and tax procedures in Vietnam, Thuy Ngoc Law Firmr will advise on tax calculation methods, types of taxes, types of invoices ... so that businesses can both operate legally and optimize taxes to be paid.

15- THINGS TO DO AFTER ESTABLISHING A FOREIGN-INVESTED COMPANY IN HCM CITY, VIETNAM

After receiving the Business Registration Certificate, customers must perform the following tasks:

- Hang the company signboard at the company's head office.

- Open a company account to facilitate transactions with customers and pay taxes electronically.

- Buy a digital signature to sign invoices, declare and pay taxes online, and conduct electronic banking transactions.

- Submit the business license fee declaration before January 30 of the year following the year of establishment. For example, if a business is established on September 1, 2025, the deadline for submitting the business license fee declaration is before January 30, 2026.

- Buy an electronic invoice and complete the procedure for notifying the issuance of the invoice for use.

- Make capital contribution transfer to the company account within 90 days from the date of Business Registration Certificate.

- Apply for work permit for foreigners.

- Register social insurance for employees

- Record accounting books, prepare financial statements;

- Make tax declarations according to tax law.

- Make periodic reports according to specialized laws.

16- TYPES OF TAXES THAT FOREIGN-INVESTED COMPANIES MUST PAY AFTER ESTABLISHING THE COMPANY IN HCM CITY, VIETNAM

Similar to 100% Vietnamese-owned companies, foreign-invested companies in Vietnam must pay the following basic taxes:

- Business license tax (according to the registered charter capital);

- Value added tax (according to the difference between the company's output and input);

- Corporate income tax (only payable when the company makes a profit, 20% of the company's profit);

- Export and import tax (if there are import and export activities);

- Resource tax (if there is use of resources);

- Special consumption tax (if doing business in a special restricted business line).

17- ANSWERS TO SOME QUESTIONS RELATED TO COMPANY ESTABLISHMENT SERVICES IN HCM CITY, VIETNAM

Question 1: Is establishing a foreign-invested enterprise more difficult than establishing a company with 100% Vietnamese capital?

Answer

Establishing a foreign-invested enterprise is more complicated and time-consuming than establishing a company with 100% Vietnamese capital because it requires two steps:

1) Applying for an investment registration certificate;

2) Applying for an enterprise registration certificate.

Question 2: Do foreign investors contribute charter capital in cash or by bank transfer?

Answer

Foreign investors can contribute capital in Vietnamese Dong or freely convertible foreign currency, but must contribute capital by bank transfer through an investment capital contribution account opened at a commercial bank.

Question 3: In what form do foreign investors usually invest in Vietnam?

Answer

Foreign investors often invest in business in Vietnam in the two most common forms of investment:

1) Investing in establishing an economic organization from the beginning and

2) Investing in contributing capital, buying shares, buying capital contributions in a company that has a Certificate of Business Registration

Question 4: What factors affect the capital ownership ratio of foreign investors?

Answer

The capital ownership ratio of foreign investors will depend on two factors:

- Business lines and professions and

- Regulations of international treaties on investment.

Question 5: In which cases are foreign investors not limited in their capital ownership ratio?

Answer

Foreign investors are not limited in their capital ownership ratio if they are not subject to any international treaties and are not on the List of business lines and professions with limited foreign ownership. At that time, the ownership ratio of foreign investors may not be limited and the ownership ratio may be up to 100%.

Question 6: What assets are included in the capital contribution to establish an enterprise?

Answer:

According to Article 34 of the Enterprise Law 2020, the assets contributed to establish an enterprise are as follows:

1. Assets contributed to capital are Vietnamese Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, technical know-how, and other assets that can be valued in Vietnamese Dong.

2. Only individuals and organizations that are legal owners or have legal rights to use the assets specified in Clause 1 of this Article have the right to use such assets to contribute capital in accordance with the provisions of law."

Question 7: What is the deadline for contributing investment capital?

Answer:

Investors must contribute investment capital on time according to the progress recorded in the Investment Registration Certificate.

In case the investor does not contribute enough capital within the committed deadline, he/she must extend the investment capital contribution (if there is a legitimate reason). In case of late extension, he/she will be fined for late capital contribution.

Question 8: Is it mandatory to open a direct investment capital account?

Answer:

Yes.

According to regulations, a "Direct investment capital account" is a payment account in foreign currency or Vietnamese Dong opened by a foreign direct investment enterprise or foreign investor at a licensed bank to conduct transactions related to foreign direct investment activities in Vietnam.

Thus, foreign investors are required to open a foreign direct investment capital account and make timely capital contributions to this account.

Question 9: After establishing a company, what if the capital contribution is not sufficient as registered?

Answer

The Enterprise Law requires members/owners/shareholders of LLCs with 2 or more members, LLCs with 1 member, and joint stock companies to contribute sufficient capital within 90 days from the date the company is granted a Certificate of Enterprise Registration.

In case the charter capital is not fully contributed within the above deadline, the company must register an adjustment to the charter capital with the business registration authority within 30 days from the last day the charter capital must be fully contributed.

If the above deadline expires and the company still fails to change the charter capital, it will be subject to administrative sanctions according to regulations.

Question 10: Can a company name be the same as another company?

Answer

No

The company name is recognized throughout Vietnam and is unique. Therefore, to avoid confusion, you cannot name your company the same as a previously established and still operating company.

Specifically, a company name consists of 3 parts: Company + Type (LLC or Joint Stock) + Proper name. You cannot duplicate this proper name (even if it is a different type but the same proper name is not allowed.

Question 11: Can the address of an apartment be used as a company headquarters?

Answer

No

An apartment that is only for residential purposes cannot be used as a company headquarters.

Apartments with mixed functions, both for residential and office use (offcetel), can be used as company headquarters.

Question 12: What types of taxes must a company pay after the company is established?

Answer:

When a company is established, the company must declare and pay the following taxes:

- Business license fee: From VND 2,000,000 to VND 3,000,000/year, depending on the number of registered charters as follows:

If the charter capital is not more than VND 10 billion: VND 2,000,000/year.

If the charter capital is more than VND 10 billion: 3,000,000 VND/year.

Currently, newly established enterprises will be exempted from business license tax until December 31.

- VAT: Declare and pay tax according to the declaration;

- Corporate income tax: Declare and pay tax according to the declaration; 20% of total profit of the fiscal year;

- Personal income tax: This is a tax calculated on the income of employees. Declare and pay tax according to the declaration.

Taxable income and tax rates according to the personal income tax table.

- Environmental protection tax: This tax applies to companies operating in the fields of gasoline, plastic bags, coal, termite killer, herbicide;

- Import tax: Applies to companies importing goods from abroad

Question 13: Are business license tax/fees exempted in the first year of establishment?

Answer:

YES.

Newly established companies will be exempted from business license fees until December 31.

During this tax exemption period, branches and business locations of that enterprise will also be exempted from business license tax in the first year of establishment.

Question 14: Is it mandatory to purchase a digital signature after establishing a company?

Answer:

REQUIRED

After establishing a company, it is mandatory to purchase a digital signature. Only with a digital signature can tax declarations be submitted according to regulations.

Question 15: After establishment, if there are no output or input invoices, do they have to submit tax declarations?

Answer:

Yes.

According to Vietnamese law, even if there are no output or input invoices, enterprises must still submit tax declarations, keep accounting books, prepare financial statements, and make tax finalizations.

Question 16: If our company does not generate output or input invoices, do we have to keep accounting books and prepare financial statements?

Answer:

Yes.

According to Vietnamese law, even if there are no output or input invoices, enterprises must still keep accounting books and prepare financial statements.

Question 17: Are the financial statements of a foreign-invested company required to be audited?

Answer:

Yes.

According to Vietnamese law, the financial statements of a foreign-invested company are required to be audited.

Question 18: How does the value of investment capital relate to the issuance of work permits to investors and representatives of foreign organizations investing in Vietnam?

Answer

Investment capital not only proves the financial capacity of investors when investing in Vietnam but also serves as a basis for determining whether investors must obtain a work permit or not.

Being the owner or contributing member of a limited liability company with a capital contribution value of 3 billion VND or more is exempt from a work permit in Vietnam.

For investors contributing capital in Vietnam less than 3 billion VND, they are not exempted from work permits, investors still have to apply for work permits.

Question 19: How does the value of investment capital relate to the issuance of temporary residence cards for investors and representatives of foreign organizations investing in Vietnam?

Answer:

For foreign investors contributing capital in Vietnam less than 3 billion VND, they are not issued temporary residence cards, only visas with the symbol DT4 are issued, with a validity period of no more than 12 months.

For investors with capital contributions from 3 billion VND to less than 50 billion VND, temporary residence cards are issued for a validity period of no more than 3 years;

For investors with capital contributions from 50 billion VND to less than 100 billion VND, temporary residence cards are issued for a validity period of no more than 5 years;

For investors with a capital contribution of VND 100 billion or more, the temporary residence card is issued for a period of no more than 10 years.

Question 20: How is the value of the investment capital contribution related to the issuance of visas to investors and representatives of foreign organizations investing in Vietnam?

Answer:

According to this regulation, there are 04 types of visas issued to foreign investors in Vietnam and they are classified based on the value of the investor's capital contribution in Vietnam, specifically including:

- DT1 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 100 billion or more or investing in industries, professions with investment incentives, and investment incentive areas decided by the Government.

The visa code DT1 is valid for no more than 05 years.

- DT2 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contributions of VND 50 billion to under VND 100 billion or investing in industries and professions encouraged for investment and development as decided by the Government.

Visa code DT2 is valid for no more than 05 years.

- DT3 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contributions of VND 3 billion to under VND 50 billion.

Visa code DT3 is valid for no more than 03 years.

- DT4 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contributions of less than VND 3 billion.

Visas with symbols NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, TT are valid for no more than 01 year

Question 20: When do you need to apply for a Certificate of eligibility to do business? a business license, a sub-license?

Answer:

When an organization or enterprise operates in conditional business fields, it is necessary to have a Certificate of eligibility to do business, a Business License issued by a competent authority.

If an individual or organization conducts business in other industries or professions outside of Appendix IV of the Investment Law 2020, it is not necessary to apply for a Certificate of eligibility to do business.

For example:

For foreign-invested companies that retail goods or establish retail establishments: need to apply for a business license, a license to establish a retail establishment, etc.

In case the company conducts international travel business (inbound): Foreign investors are only allowed to conduct international travel business within the scope of bringing foreign guests to Vietnam (inbound)

In case the company conducts foreign language training business: Investors must request approval from the Department of Education and Training during the process of granting the Investment Registration Certificate. Before starting operations, the enterprise must apply for a Foreign Language Training Center Operation License at the Department of Education and Training.

Question 21: What is the process for providing company establishment services at Thuy Ngoc Law Firm?

Answer:

Here are some basic steps in the company establishment consulting service process at Thuy Ngoc Law Firm

Step 1: Receive customer requests, quote service

Step 2: Draft and sign service agreement

Step 3: Consult, draft documents

Step 4: Submit documents and receive results

Step 5: Hand over documents

Thuy Ngoc Law Firm staff will hand over the Business Registration Certificate, seal and other documents to the customer.

Question 22: Should you use Thuy Ngoc Law Firm's company establishment service?

Answer:

Yes. For the following reasons.

a) Many years of experience in business registration consultancy

b) Expertise and experience in company establishment;

c) Highly qualified and experienced staff;

d) Dedicated consultancy;

e) Reasonable prices.

Are you looking for enterprise establishment services in Vietnam?

For advice on services and enterprise establishment service fees in HCM City, Vietnam

Please contact Thuy Ngoc Law Firm as follows:

Address, email and contact information (See details)

Thuy Ngoc Law Firm will meet customers' requirements in a professional, reputable and effective manner