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INVESTMENT PROCEDURES

At:10/5/2016 2:39:58 PM by admin

INVESTMENT PROCEDURES

Approval of the investment:

This will be applicable for the investors to Binh Dinh Province in order to survey and form their investment project documents in the province, except for the projects in industrial zones, economic zones.

Necessary documents: 5 sets, one of which must be an original document, including:

- An official letter regarding the request for approval of the investment, with the information [in the form](1)

- Self-introduction about the investor: name, office address, telephone, legal representative, establishment date, register place (for organizations): name, date of birth, nationality, identity card/passport, date of issue, place of issue, permanent address, telephone, etc..

- A summary of investment ideas or investment project proposal: the content, investment scale, investment capital, capital source, duration and progress if the project is approved to implement.

- Suggestions for Binh Dinh People’s Committee regarding the site, the land, the infrastructure, supports, etc…

Recipients of documents: Binh Dinh Investment Promotion Center

Resolved duration: within 14 working days since receiving enough appropriate documents. In case of having approved scheme, the investor’s documents shall be resolved within 6 days since receiving enough appropriate documents.

Cost: no

Granting investment certificates:

It will be applicable for projects with investment capital less than 300 billion VND, not belonging to investment fields with conditions, bot belonging to the Prime Minister’s authorization.

Necessary documents: 2 sets, one of which must be an original document, including:

(1) The registration form/ the request letter to be granted investment certificate based on the form, as follows:

- In case of not linking with the establishment of the enterprise or his/her branch, use the form in the annex I-1;

- If linking with the establishment of the branch, use the form in the annex I-2;

- If linking with the establishment of the enterprise, use the form in annex I-3.

(2) Attached documents include:

- A legal copy of identity card/passport or other legal identification (for individual investors); a copy of the enterprise establishment/ business registration certificate/investment certificate or other equivalent documents of the organizations (for organizational investors);

- A financial report of the investor formed by himself/herself and he/she must take his/her responsibility (except domestic investment projects);

- One of the documents related to the land usage such as the official letter to recommend the location, the decision to lease/hand over the land by the People’s Committee or the Industrial Cluster Management Board, the land lease contract, land use right (for projects to use the land right);

- Joint-venture contract (if the domestic investor has a joint-venture with the foreign one);

- Business cooperation contract (if the investment is done under the form of business cooperation contract);

- In case of linking with the establishment of the enterprise (for the foreign investor), he/she needs to add the following documents:

+ Draft enterprise regulations: one-member enterprises, two-member enterprises, joint stock enterprises, joint-venture enterprises.

+ List of members (for the company Ltd. with at lease two members), list of founding shareholders (for joint stock enterprises);

+ Agreement documents or legal contracts that relate to the location of the enterprises;

+ A letter to verify the legal capital (for business fields that require the legal capital);

+ A legal copy of practicing certificate (for business fields that require practicing certificates)

+ A legal copy of identity card/passport/other legal personnel identification of the representative under the business law.

- In case of linking with the establishment of branch (for the investor who set up his/her enterprise in Vietnam), he/she needs to add the following documents:

+ A copy of his/her investment certificate;

+ A copy of his/her enterprise regulations;

+ The decision of establishing the branch and appointing the branch leader;

+ Minutes of meeting of member board for at least two-member companies Ltd. and managing board for joint stock companies;

+ Agreement documents or legal contracts that relate to the location of the branches;

For the branch carries out his/her business that needs practicing certificates, he/she must add a legal copy of practicing certificate of the branch leader or vice leader of the branch.

- An authorization letter, attached a copy of identity card/passport/other legal identification of the representative.

Cost: no

The Adjustment of Investment Certificates:

Regulations on language used in investment documents:

Investment project documents and official documents to be sent to the State agencies in Vietnam shall be in Vietnamese; for the project documents with foreign investment capital, the documents must be in Vietnamese language or Vietnamese and common foreign language. In case of the difference between Vietnamese and foreign language, the Vietnamese language is applied.

Necessary documents: 2 sets, at least one of which must be original documents.

(1) An official letter to certify the adjusted contents of investment projects (registration form/the request letter to adjust investment certificates) under the form as follows:

- In case of the investment certificate does not link with the establishment of the enterprise or the branch, use the form in annex I-4;

- In case of the investment certificate links with the establishment of the branch, use the form in annex I-5;

- In case of the investment certificate does not link with the establishment of the enterprise, use the form in annex I-6;

- In case of adjusting the registered contents of investment or the registration for the branch activities in investment certificates, use the form in annex I-7;

- For the enterprises with foreign investment capital and parties who take part in business cooperation contracts had granted investment certificates before July 1, 2006, but have not re-registered, use the form in annex I-16.

(2) Necessary documents include:

- A copy of investment certificate, adjusted investment certificate, investment license, a certificate to adjust investment license;

- Amended joint-venture contract (In case the adjustment of investment certificate may change the contents of registered joint-venture contracts);

- Adjusted business cooperation contract (In case the adjustment of investment certificate may change the contents of registered business cooperation contracts);

- Adjusted enterprise regulations (draft)/list of members/ founding shareholders (In case the adjustment of investment certificate may change the contents of enterprise regulations or supplement new members).

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