Vietnam legal compliance for FDI businesses

Vietnam is a market full of potential, but to navigate the complex legal system, businesses need more than just filling out forms. With 17 years of experience, we at Faro Vietnam help you with foreign investment legal support services to not only enter the market but also position your business in the right direction from the start.

1.1 Legal consulting for FDI enterprises on investment forms and investment conditions

We will thoroughly advise you Vietnam legal compliance for FDI businesses on investment forms and investment conditions for foreign investors investing in Vietnam, including:

(1) – Indirect investment in Vietnam: Buying shares, capital contributions of existing Vietnamese enterprises, only applying for a Certificate of Approval for selling capital to foreign investors without applying for an Investment Registration Certificate (Applying for a foreign investment license allowing foreign investors to buy capital contributions of Vietnamese enterprises. (In this case, there is no IRC).
(2) – Direct investment in Vietnam: Investing according to an investment project with an application for an Investment Registration Certificate (Applying for an “investment license”, the official term is applying for an Investment Registration Certificate – IRC) and establishing a foreign-invested enterprise (The official term is applying for an Enterprise Registration Certificate – ERC).
(3) – Converting investment types from foreign capital ownership of less than 51% to foreign capital ownership of more than 51% (Switching to apply investment conditions for foreigners), and vice versa (Switching to apply investment conditions as domestic investors in Vietnam).
(4) – Consulting on requesting to extend the investment registration certificate for investment projects until the investment expiration date.
 

Legal consulting for FDI enterprises

1.2 Consulting on Industry, profession and market access conditions for foreign investors (WTO)

Consulting on the following issues related to business lines and business conditions For Industry, profession with market access conditions:

• Consulting on conditions, how to meet the conditions and how to prove that foreign investors meet the investment conditions in Vietnam.
• Consulting on professional capacity conditions according to industry characteristics: Conditions for practicing certificates (Director or manager).
• Consulting on facilities and operations: Facilities; Security and order; Fire prevention and fighting; Food safety and hygiene.
• Consulting on retail business licenses for investment projects with retail or opening a second retail outlet outside the head office (1st retail outlet)

1.3 Consulting on conditions and choosing investment capital levels

Consulting on meeting regulations on the ratio of charter capital ownership of foreign investors in economic organizations, including:

• Consulting on the level of capital ownership of foreign investors according to legal regulations for each industry;
• Analyzing the advantages and disadvantages of each capital structure that foreign investors choose.

In addition, we advise on actual operating capital needs, including:

• Consulting on appropriate charter capital for each industry.
• Consulting on legal capital (Real estate, security, finance, etc.).
• Investment Capital Consulting – Working capital is the capital that you really need when starting operations.

In case the investment project has a foreign loan plan, or you plan to use foreign loans, we provide advice on foreign loans, including:

• Conditions for short, medium and long-term foreign loans;
• Maximum foreign loan ratio in the total investment project;
• Issues arising when borrowing from abroad;
• Presenting investment projects when borrowing from abroad. 

Foreign investment legal support services

1.4 Consulting on investment project preparation and presentation

Experts from Faro Vietnam has a lot of experience in preparing investment projects for investment purposes, including the purpose of applying for an investment registration certificate (ERC). We as FDI legal consultants in Vietnam will advise and support you a lot in the following needs regarding investment projects:

• Prepare investment projects based on your business estimates.
• Presenting investment projects to relevant parties such as: Investment licensing agencies, board of directors.
• Investment projects submitted to the State Bank of Vietnam (SBV) in case the project has foreign loans.

1.5 Tax and financial advice applicable to investment projects

Foreign investment legal support services on financial, tax and labor policies expected to be applied to the business lines of the established enterprise:

• Tax policies for business activities preparing to be established.
• State preferential policies for the business's field of operation, conditions for enjoyment.
• Requirements on business management, finance, accounting, auditing, statistics.
• Labor policies, employment, social insurance, health insurance, unemployment insurance.

With the support of our experts in foreign investment legal support services, the investment process, from preparing documents to carrying out procedures, is carried out quickly, accurately and most effectively. We also provide in-depth advice on tax, finance and accounting for the project to help you have a comprehensive view.

Our team of experts has in-depth understanding of the Vietnam legal compliance for FDI businesses and business environment in Vietnam, helping you to orient yourself correctly and comply firmly with regulations. Contact us today!

>>>Read more: Vietnam investment potential in key economic zones

Faro Vietnam

• Email: service@farovietnam.com.vn

HANOI HEAD OFFICE

• Tel: + 84 24 3974 3091

HO CHI MINH CITY OFFICE

• Tel: + 84 28 3821 4654

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