STEPS TO OBTAIN AN INVESTMENT VISA FOR FOREIGN INVESTORS IN VIETNAM

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A foreign investor is an individual holding foreign nationality who carries out activities such as establishing an enterprise, contributing capital, purchasing capital contributions, or acquiring shares in a Vietnamese enterprise for profit-making purposes.

A foreign investor who wishes to apply for an Investment Visa in Vietnam must first complete the procedures for establishing an enterprise in Vietnam or carry out procedures for capital contribution, share purchase, or acquisition of capital contributions. After completing the capital contribution, the investor may then proceed with the application for an investment visa and subsequently apply for a temporary residence card.

The detailed procedures are as follows:

STEP 1: CARRYING OUT PROCEDURES FOR ESTABLISHING AN ENTERPRISE IN VIETNAM

When investing to establish a company in Vietnam, a foreign investor may choose one of the following two common forms:

FORM 1: Establishing a foreign-invested company where the investor contributes capital from the outset

Under this form, an Investment Registration Certificate (IRC) will be issued.

The detailed steps are as follows:

Step 1: Carry out investment registration procedures

The competent authority issues the Investment Registration Certificate.

Step 2: Carry out enterprise registration procedures

After obtaining the Investment Registration Certificate, proceed with the application for the Enterprise Registration Certificate (ERC).

Step 3: The company opens a capital investment account and a capital contribution account

After the Enterprise Registration Certificate is issued, the company carries out procedures to open a capital investment account and a capital contribution account.

Step 4: The investor contributes capital.

FORM 2: Establishing a Foreign-Invested Company through Capital Contribution, Share Purchase, or Acquisition of Capital Contributions in an Enterprise that Already Holds an Enterprise Registration Certificate

Under this form, no Investment Registration Certificate (IRC) will be issued.

The detailed steps are as follows:

Step 1: Establish a company with 100% Vietnamese ownership

Step 2: Carry out procedures for registration of capital contribution or acquisition of capital contributions by the foreign investor

Step 3: The company opens a capital investment account and capital contribution account

After obtaining approval from the competent authority for the foreign investor’s capital contribution, share purchase, or acquisition of capital contributions, the company proceeds to open a capital investment account and a capital contribution account.

Step 4: The foreign investor contributes capital and makes payment for the acquired capital contribution

Step 5: Carry out procedures for amendment of the Enterprise Registration Certificate

(Transfer of capital contribution from the Vietnamese member to the foreign investor)

Foreign-Invested Company Establishment Services in Vietnam (See details)

STEP 2: APPLYING FOR AN INVESTMENT VISA

After establishing the enterprise and fully contributing the registered capital, the foreign investor may proceed with the application for an Investment Visa.

Under Vietnamese law, based on the amount of contributed capital, Investment Visas are divided into four categories as follows:

a) Investment Visa – Code ĐT1

Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contributions of VND 100 billion or more, or investing in sectors or geographical areas entitled to investment incentives as decided by the Government.

Validity: Not exceeding 05 years

Eligible for a Temporary Residence Card (TRC)

TRC validity: Up to 10 years

b) Investment Visa – Code ĐT2

Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contributions from VND 50 billion to under VND 100 billion, or investing in sectors encouraged for development as decided by the Government.

Validity: Not exceeding 05 years

Eligible for a Temporary Residence Card (TRC)

TRC validity: Up to 05 years

c) Investment Visa – Code ĐT3

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

Validity: Not exceeding 03 years

Eligible for a Temporary Residence Card (TRC)

TRC validity: Up to 03 years

d) Investment Visa – Code ĐT4

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

Validity: Not exceeding 12 months

Not eligible for a Temporary Residence Card (TRC)