Establishment of a Joint Venture Foreign Capital Company
1. What is a Joint Venture?
a) Basic form of a Joint Venture Company
Is a type of Limited Liability Company, linked by two or more other Investors. Enjoy relevant rights and obligations in accordance with Vietnamese law.
b) Regarding methods of profit distribution
Profits are distributed according to the capital contribution ratio of each investor or distributed in the form of a business cooperation contract (BCC).
c) The form of capital contribution of the Joint Venture Company
The members contributing capital to the joint venture can contribute in cash, assets such as land, machinery, technology or know-how related to the field ...
d) Types of taxes
A Joint Venture Company enjoys the same rights and obligations as other types of businesses.
In addition, in the case of investment in the fields that are being given investment incentives by the State, investment in economic zones that the State is encouraging will enjoy many incentives such as: land rent exemption and reduction, exemption and reduction of corporate income tax (CIT), import and export tax...
NOTE:
To know about tax rates, economic regions eligible for investment, please contact ABA Law directly for advice!
2. Procedures for ESTABLISHMENT OF JOINT VENTURE COMPANY
STEP 1:
Enterprises carry out the procedures for applying for an investment registration certificate of a joint venture company Required documents:
- Copy of Business License/Certificate of Business Registration.
- Contract on location of investment project.
- Audited financial statements for the latest year of the joint venture company
Note: The financial statements can be replaced with bank balances. Documents in foreign languages must be consular legalized and notarized translated into Vietnamese.
Copy of passport/Passport of the representative of capital contribution Business cooperation contract (BCC if any).
Other documents and forms guiding investment procedures as prescribed. For cases not subject to the decision of the investment policy: 15 working days.
For cases subject to provincial investment policy decision: 30 working days.
For cases subject to decision on investment policy at Government level: 70 working days.
Note: Cases in the field of production directly related to the environment and operating under Export Processing enterprises need to consult with departments and agencies within 10 working days.
STEP 2:
Enterprises carrying out procedures for enterprise registration of a joint venture company need to prepare the following documents:
- Business registration application form.
- Company charter (self-built enterprise).
- List of members of limited liability companies with two or more members, partnerships, list of founding shareholders and shareholders being foreign investors, for joint-stock companies.
List of authorized representatives for foreign shareholders being organizations. Valid copies of the following documents:
a) One of the personal identification papers specified in Article 10 of this Decree, in case the enterprise founder is an individual.
b) The establishment decision or Certificate of enterprise registration or other equivalent documents, one of the personal identification papers specified in Article 10 of this Decree of the authorized representative and the power of attorney; corresponding to the case that the founder of the enterprise is an organization.
Investment registration certificate, in case an enterprise is established or participated in the establishment by a foreign investor or a foreign-invested economic organization in accordance with the provisions of the Investment Law and its guiding documents. implementation guide. (Excerpt from Article 22 of Decree 78/2015/ND-CP on business registration procedures) joint venture company Time: 05 working days
STEP 3:
Carry out the procedures for marking and announcing the seal, opening a bank account for registration of investment capital contribution, tax declaration and payment. Announcement form for seal (regulated form) of joint venture company
Time: 03 - 05 working days 3.
Service fee for establishment of a foreign-owned joint venture Investor, establishment, foreign capital.
For areas under the decision of provincial and government policy, please contact Aba visa for advice.
Investors, establishment, foreign capital For areas not committed under WTO, please contact liên ABA VISA & LAW SERVICES for further advice.
Investor, establishment, foreign capital Service fee applies to cases not subject to decision on investment policy.
Notes on ESTABLISHMENT OF JVENTURE COMPANY:
The above service fee applies to investors who already have an investment plan in Vietnam.
Exact implementation time, including all procedures to ensure proper operation in accordance with the law.
For investors who need to save more costs or for other purposes, you can refer here: Procedures Establishment of a foreign capital company (Indirect option).
For a free consultation on the procedure to establish a joint venture company, please contact Hotline 0938165817
