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The procedure for establishing a foreign-invested joint-stock company in Hanoi

Last Updated: 1/10/2018
The order and procedures for the establishment of foreign-invested joint-stock companies in Hanoi include the following contents:
1. Legal grounds:
     - The Investment Law of 2014;
     - Enterprise Law 2014;
     - Documents guiding the implementation of the Law on Investment and the Law on Enterprises.
2. The order and procedures for the establishment of foreign-invested joint-stock companies in Hanoi.
Step 1: Apply for Investment Certificate.
     - For cases where investors have to carry out the procedures for applying for investment registration certificates:
          + Foreign investment projects;
          + Investment projects of the following economic organizations:
Having a foreign investor holding 51% or more of the charter capital or having a majority of partners who are foreign individuals to an economic organization which is a partnership;
Having an economic organization defined as above, holding 51% or more of the charter capital;
Foreign investors and economic organizations stipulated above hold 51% or more of charter capital
     - A dossier of application for an investment registration certificate comprises:
          + A written request for implementation of the investment project;
          + Copy of ID card / citizen identification card / passport for individual investors; a copy of the establishment certificate or other equivalent document certifying the legal status of the investor being an organization;
          + Proposal of investment project including the following contents: investor implementing the project, investment objectives, scale of investment, investment capital and capital mobilization plan, location, time limit and progress private, labor demand, proposal for investment incentive, impact assessment, socio-economic efficiency of the project;
          + Copies of one of the following documents: financial statements of the latest 02 years of the investor; Commitment to financial support of parent company; Committing financial support of the financial institution guaranteeing the financial capacity of the investor; documents explaining the financial capacity of investors;
          + Proposal for land use: If the project does not request the State to allocate or lease land or allow the change of land use purpose, then submit a copy of the lease agreement or other document certifying the land. private owners have the right to use the location for the execution of the investment project;
          + Explanation on the use of technology, including the following contents: name of technology, origin of technology, diagram of technological process; Main technical parameters, use status of machinery, equipment and main technological lines for projects using technology on the list of technologies restricted from transfer;
          + BCC contract for investment projects in the form of BCC contract.
     - Place for submission: Department of Planning and Investment of Hanoi.
     - Processing time: 15 days from the date of submission of valid dossiers.
Step 2: Apply for a certificate of business registration.
     - The dossier for registration of enterprise establishment comprises the following papers:
          + The written request for enterprise registration;
          + Charter of the company;
          + List of founding shareholders and shareholders being foreign investors (list of authorized representatives, if any);
          + Copies of the following papers:
For individual members: Citizen Identification Card / Identity Card / Passport / Other legal personal identification.
For members being organizations: Decision on establishment; Business registration certificate or other equivalent document of organization and letter of authorization; Citizen identification card / ID card / passport / other legal personal certification of the authorized representative.
Note: a copy of the enterprise registration certificate or equivalent document must be consularly legalized;
Certificate of investment registration for foreign investors in accordance with the Law on Investment.
     - Place for submission: Business Registration Office - Department of Planning and Investment of Hanoi.
     - Time limit for dossier preparation: 3 to 5 working days from the date of submission of valid dossiers.
Step 3: Post the establishment report.
Enterprises, after being granted enterprise registration certificates, must publicly notify on the enterprise information portal on enterprise registration according to the order and procedures and pay fees according to regulations.
Step 4: Engraving of the business.
After obtaining the enterprise registration certificate and completing step 3 above, the enterprise carries out the seal engraving at one of the authorized seal making units. The private enterprise decides the quantity and form of the seal to the extent permitted by law.
Step 5: Announcing the seal of the enterprise on the National Business Registration Portal.
After the seal has been stamped, the enterprise publishes the seal form on the national enterprise registration portal and is issued a certificate of seal form by the Hanoi Department of Planning and Investment.
However, in the process of establishing a foreign-invested joint stock company, foreign investors will encounter difficulties in language barriers as well as complexity in the filing process. It will take a lot of time and money for investors. So, please contact HD Law firm for advice and assistance the most enthusiastic!
Any support you may need, please contact us today via: 0988.073.181 (Phone/WhatsApp/Viber available) or Email: doanhnghiep@hdluat.com
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