Tiếng Việt
Japan is a strategic investor accounting for a large amount of FDI into Vietnam. Japanese capital companies in Vietnam mainly deal in high-tech fields and software production. In addition to contributing capital, buying shares, or buying capital contributions in operating companies, Japanese investors may invest in the form of establishing Japanese capital companies in Vietnam.
>> Read more: Instruction to open Korean capital company in Vietnam
Mục lục
1. Conditions for setting up Japanese capital companies in Vietnam
Japanese investors meet the following conditions to establish Japanese capital companies in Vietnam:
– Comply with Vietnam’s law on investment and establishment of an enterprise;
– Investment projects which are not in the domains banned from investment according to the provisions of law;
– Investors prove their financial capacity to carry out the project;
– Investors ensure to have a project location;
– And other conditions as prescribed by law.
In addition, investors need to identify issues such as: investment sector and business lines; investment capital, percentage of capital contributed by investors in the company; location of investment project and address of company headquarters; etc. After clearly determining the purpose and scope of investment in setting up Japanese capital companies in Vietnam, investors shall carry out procedures for registration for grant of investment registration certificates (IRC) and certificate of registration. enterprise (ERC).
2. Register for issuance of an Investment Registration Certificate (IRC) for Japanese capital companies
An application for an Investment Registration Certificate (IRC) comprises:
– Written request for implementation of investment project;
– Proof of investor’s status
+ A valid copy of identity card, citizen identification or passport for investors being individuals;
+ Copy of Certificate of Establishment, Certificate of Business Registration or other equivalent documents certifying the legal status of institutional investors.
– The investment project proposal;
– Copies of documents proving the financial capacity of the investor:
+ Financial statements of the latest 2 years, commitment of financial support of the parent company;
+ Documents explaining the financial capacity of the investor;
+ Commitment to arrange foreign currencies by credit institutions for investors.
– Proposal of the demand for land use or a copy of the lease contract of the location for the execution of the investment project;
– Explanation on technology use for projects using technology on the List of technologies restricted from transferring;
– BCC contract with an investment project in the form of BCC (Business Cooperation Contract).
3. Register for issuance of an Enterprise Registration Certificate (ERC) for Japanese capital companies
After being granted the Investment Registration Certificate (IRC), the investor registers to establish Japanese capital companies at the Business Registration Office where the company is headquartered.
A dossier of registration for grant of an enterprise registration certificate (ERC) comprises:
– An application for enterprise registration, made according to a form issued by the Vietnamese Government;
– Company rules;
– List of founding shareholders for joint stock companies or members for limited liability companies;
– Certified copy
+ Identity card, citizen identity, valid passport for foreign investors being individuals;
+ Establishment decision or enterprise registration certificate, for institutional investors;
+ Investment registration certificate (IRC);
– Authorization document for individuals to apply (if any).
4. Transfer of Japanese investors’ capital to Vietnam
The law on foreign exchange management stipulates that Japanese investors open 01 direct investment capital account at 01 authorized bank to conduct legal revenue and expenditure transactions in foreign currencies related to the direct investment activities. into Vietnam. In case of investment in Vietnam Dong, it is allowed to open 01 direct investment capital account in Vietnam dong where it opened the capital account in foreign currencies. All money transfers to or from Vietnam are conducted via this capital account.Investing in other assets such as machinery, equipment, technology ownership, etc. in Vietnam shall comply with the law on import, export, technology transfer and intellectual property.
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