Where Foreign Investors Obtain Investment License in Vietnam?

To set up a business in Vietnam through foreign direct investment, foreign investors need to register the investment license from Vietnam Ministry of Planning and Investment (MPI).

Depending on investment business lines, investment conditions, scale of the projects, where investment project is located, other Vietnam State authorities would be involved.  MPI in Vietnam takes charge of developing legislation, guiding, consulting and coordinating with other State authority in regard to all investment in Vietnam.  Foreign investors apply for investment license at MPI which is acting as the contact point.  People’s Committee will be the government body that administer investment activities within its city or province and issue the investment license to the foreign investor.

In case the foreign investor setting-up  a business within an industrial zone, the management board of an industrial zone will have authority over the investment licensing process. For investment project which is larger than VND 300 billion (around USD 14.2 million) or in conditional investment area, MPI and other ministries will be involved in the evaluation process to recommend to the Prime Minister for approval.  Other ministries involved in investment project licensing would be Ministry of Trade and Commerce and Minsitry of Finance for settting up a trading company in Vietnam; Ministry of Science and Technology for investment in high-tech projects in Vietnam; Ministry of Education and Training for setting up education institute; Ministry of Health for investment in hospital in Vietnam, etc to ensure they are complying with the specific industry’s regulations.

At ANT Lawyers, a law firm in Vietnam with law offices in Hanoi and Ho Chi Minh City, we are able to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

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How to Establish a Company in Vietnam

Foreign investors may invest in the form of 100% capital to establish a limited liability company, joint stock company, partnership company or other forms in investment in Vietnam.

Foreign investors that invest in Vietnam for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted investment registration certificates. Investment certificates shall concurrently be business registration certificates.  Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.

A project dossier for establishing a company in Vietnam shall comprise:

• Registration/Request for issuance of Investment Certificate;
• A report on financial capability of the investor;
• Draft of the company’s charter;
• List of members of company: a) copy of the people’s identity card, passport or other lawful personal certification, for individual members; b) copy of the establishment decision, business registration certificate or other equivalent document, for member organizations; copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives. Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;
• Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;
• The joint-venture contract or Business Cooperation Contract (BCC);
• Other documents required by Vietnam law.

The establishment of a company in Vietnam would take from 30 days.  The extra time might be needed in case the investment area is conditional or the State government needs to examine the investment project.  Minimum capital, special licenses or other conditions might be required in certain investment projects.

At ANT Lawyers, a law firm in Vietnam with law offices in Hanoi and Ho Chi Minh City, we are available to assist clients in establishing foreign owned company in Vietnam.  We could be reached at email: ant@antlawyers.vn or office tel: +84 912 817 823.

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List of Investment Sectors Banned in Vietnam

Although investment is encouraged in Vietnam, there are sectors banned to invest in Vietnam which foreign investors need to be advised and considered when setting up business in Vietnam.

The list of investment sectors banned in Vietnam has been issued with Decree 108/2006/ND-CP dated September 22nd 2006 of the Government on guiding the implementation of some Articles in the Law on Investment.

I. The projects which are detrimental to national defense, national security and public interest

1. Production and processing of drugs

2. Investment in services that secretly investigating infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.

3. Investment in the fields of private detective and investigation.

II. The projects which are detrimental to the historical places, cultural, ethical, habits and customs of Vietnam

4. The projects built on the campus of the national historical and cultural places, projects that negatively affect the architecture and landscapes of national historical and cultural places.

5. Production of depraved and superstition cultural products.

6. Production of dangerous toys, educational harmful toys that affect to the character and health of children or to the security, social order and safety.

7. Prostitution business, trafficking in women and children.

8. Experimental reproductive cloning in humans.

III. The projects harmful to people’s health, destroying natural resources and destruction of the environment

9. Manufacturing of prohibited chemicals (contact ANT Lawyers for details) (according to the Convention).

10. Production of veterinary drugs, plant protection drugs that are banned or not permitted to use in Vietnam.

11. Production of medicines for human use, vaccines, biologicals, cosmetics, chemicals and pesticides, bacteria which are not permitted to use in Vietnam.

IV. The hazardous waste treatment projects brought from overseas into Vietnam, production of toxic chemicals or the use of toxic agents that are prohibited by the provisions of international treaties

12. The hazardous waste treatment projects brought from overseas into Vietnam, production of toxic chemicals or the use of toxic agents that are prohibited by the provisions of international treaties to which Vietnam is a member.

V. Other investment projects that are prohibited under the provisions of law.

At ANT Lawyers, a law firm in Vietnam with offices in law office Hanoi and Ho Chi Minh City, we are available to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company or other form of business entities in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

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Cosmetic Advertising Registration Services in Vietnam

Cosmetic advertising in Vietnam is conducted on the mass media such as television, radio, electronic portal (Internet, Website), books, newspapers, magazines, flyers, posters, underwater objects or other means of advertising made by cosmetics business or sponsor, authorize other entities to perform.

The businesses are only allowed to advertise when having the approval of advertising registration dossier as prescribed by law.

Cosmetic advertising content must be consistent with the documents proving the safety and efficacy of the cosmetics and must comply with published guidelines of ASEAN cosmetic product features.

Services that ANT Lawyers provide for customers:

• Consultation on the announcement of cosmetics, import cosmetics, cosmetics advertising.
• Consulting on the registration and documentation of cosmetics advertising on media as requested by customers.
• On behalf of the client to fill in the cosmetics advertising registration where business operates or where enterprise organizes conference, workshop, advertise cosmetics.
• On behalf of customer to contact, work and receive information from the competent State agencies related to the implementation process.
• Amend and supplement the dossier as prescribed by the competent State agencies upon requested.
• Inform customers about the validity result from the competent State agencies.

Documentation that customers need to provide, including:

• A copy of the business registration.
• A cosmetic license or certificate to published cosmetic products or receipt to announced cosmetic quality standards.
• Content to register advertise: TV, radio, newspapers, pamphlets, leaflets must come with scripts, audio tapes, advertising or files which are contained in the information storage devide.
• List of TV station and radio station that will advertise. Provide telephone and fax numbers of the stations.
• The proved documentation (if any)
• The procedure time: 10 working days from the day when customer provides valid dossiers and documents as required.

At ANT Lawyers, a law firm in Vietnam with offices in law office Hanoi and Ho Chi Minh City, we are available to assist clients in compliance process and procedures matters in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

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Procedure to Change Birth Certificate in Vietnam

Under the provisions of Paragraph 1, Article 36 of Decree No. 158/2005/ND-CP on the registration and management of civil status, individual can change last name, middle name and first name which were registered in the birth certificate when they have legitimate reason under the provisions of the Civil Code.

The “legitimate reasons” to change the full name is specified in Article 27 of the Civil Code 2005 on the right to change name, which include:

1.Individuals have the right to request the state agency to recognize the changing of their names in the following cases:

a) As requested by the people with names that the use names cause confusion, affect the family love, honor, rights and lawful interests of such persons;

b) As requested by the adoptive father, adoptive mother about changing names for adopted child, or when the adopted child ceases to be adopted and this person or the nature father or nature mother request to regain the name that the nature father and nature mother have set;

c) As requested by the nature father, nature mother or the child when determining the parent for the child;

d) Changing the last name of a child from their father’s to their mother’s or vice versa;

e) Change the names of the person who was lost then found his blood-derived;

f) Changing the names of the person who is redefining gender;

g) Other cases regulated by civil law.

2. The changing of names for the person from nine years old must have the consent of that person.

3. The changing of names of individuals does not affect and terminate the rights and civil obligations established under their old name.

Thus, if the use of your first name, last name and middle name cause confusion, affecting the family love, your honor, rights and lawful interests, causing difficulties in the transaction, you may conduct the name changing.

Procedures to change full name will be performed at the District People’s Committee where you have registered the birth certificate.

Dossier includes:

– Declaration (in the prescribed form);

– Presenting the original birth certificate of the person who need for change names and civil status;

– The relevant documents as a basis for the change or correction of civic status.

Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to apply birth certificate for new born, obtain a new birth certificate, change names on birth certificate, re-issue birth certificate in Vietnam.

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Criminal Record for Foreign Citizens Residing in Vietnam

When foreign citizens residing in Vietnam wish to apply and have their criminal record card issued, applicants have to prepare documents as follows:

The case that documents are submitted directly:

1. A written declaration request for granting the criminal record card according to form
2. Passport and Visa
3. Permanent residence card, temporary residence card, temporary residence book or temporary residence certificate of ward, commune or township police.

The case that a person is authorized by the client to submit documents will have to submit additional documents as follows:

1. A written declaration request for granting the criminal record according to form
2. Passport and Visa
3. The original of authorization letter. The case that the person requesting for criminal record card issuance is parents, spouses, children of whom have been granted the criminal record card is not required to have the authorization letter but will be replaced with papers to prove relationship (birth certificate, certificate of marriage)
4. Identity card (or passport) of authorized person.

Time limit for settling: 10 working days

There will be criminal record form 1 or criminal record form 2 to be requested.

Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to apply and obtain the criminal record in Vietnam.

- Antlawyers.vn -

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