FOREIGN INVESTMENT CONSULTANCY
In recent years, international integration has become familiar with most Vietnamese people. In offices, schools, street eateries, even in the countryside, people get used to with international trademarks and citizens who wish to seek business opportunity in Vietnam. The integration process helps to expand markets to promote trade and other international economic relations, thereby promoting socio-economic growth and development; integration also creates a driving force to promote economic restructuring, improve the business investment environment, thereby enhancing efficiency and competitiveness of the economy, products and businesses; at the same time, increasing the ability to attract investment into the economy.
When investing in Vietnam, foreign investors can take the forms of direct investment and indirect investment. Direct investment is an investment form in which investors invest capital and participate in the management of investment activities while indirect investment is an investment form through the purchase of shares, stocks, bonds, other valuable papers, securities investment funds and through other financial intermediaries in which investors are not directly involved in the management of investment activities.
The preparation of documents, researching procedures and applying for a foreign investment license in Vietnam is quite complicated, therefore investors are often confused and take a lot of time and costs, with a full understanding and comprehension about the law as well as businesses and foreign investment environment in Vietnam, we, The Light Law with a team of experts who have many years of experience in consulting for investment license can provide clients with the most useful legal advice in all areas of foreign investment.
One of the forms of foreign direct investment chosen by the majority of investors is investment in establishing a foreign-invested enterprise. This is not only the easiest form of investment but also the highest success rate. Foreign-invested enterprises established by foreign investors include enterprises with 100% foreign capital and joint venture enterprises between foreign investors and Vietnamese investors. In addition to the forms of business establishment, there are also forms of investment without establishing a business, such as: investment under a business cooperation contract (BCC), build-operate-transfer (BOT) contract, Build - Transfer - Operate (BTO), and Build - Transfer (BT). In order to establish a foreign-invested enterprise in Vietnam, an enterprise must satisfy the following conditions:
General conditions:
Not in the fields banned from the government. Areas banned from investment are as follows:
- Projects that are detrimental to national defense, security and public interests.
- Projects that are detrimental to historical, cultural, ethical, traditions and customs of Vietnam.
- Projects harming people's health, destroying natural resourcesand destroying the environment.
- Projects to treat hazardous waste brought from outside to Vietnam; production of toxic chemicals or use of toxic agents prohibited by international treaties.
Foreign investors investing in Vietnam for the first time must have an investment project and carry out the procedures for investment registration or investment verification at the competent state agency.
Foreign investors investing in conditional investment domains must satisfy the prescribed investment conditions.
Conditions for establishing a foreign-invested enterprise in the manufacturing sector:
- Foreign investors must ensure that the location of the project is in line with the local development planning.
- Foreign investors must have financial capacity to carry out the project.
- Ensuring the conditions of environment, security and order.
Conditions for establishment of a foreign-invested enterprise in the commercial sector:
- Foreign investors must ensure that there is a project location.
- Must have financial capacity and experience to implement the project.
The export, import and distribution of goods must have HS code which are not in the case of prohibition, restriction on import, export, distribution and in accordance with the roadmap committed by Vietnam when joining WTO.
Conditions for establishing a foreign-invested enterprise in the service sector:
- Foreign investors are only allowed to register for service industries that Vietnam has committed to open their markets upon joining the WTO.
- Specific conditions must be met according to Vietnam's commitments on services when joining the WTO.
- Foreign investors must ensure that there is a project location.
- Must have financial capacity and experience to implement the project.
Whatever the request of the customer such as establishing a 100% foreign owned enterprise, a joint venture enterprise, a branch or representative office or looking for a partner and negotiating with a domestic or foreign partner etc. …, The Light Law focuses on each customer's specific needs and supports customers during the investment process in Vietnam.
Register for advice