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Legal procedure and process for investment in Tan Duc Industrial Park

The legal procedure and process for investment in Tan Duc Industrial Park will be introduced by officers of departments of Tan Duc Corporation.

  1. DOCUMENT, ORDER, PROCEDURE FOR ISSUANCE OF THE INVESTMENT CERTIFICATE

1. An investment project file shall comprise:

  • Written application for implementation of the investment project;
  • Copy of the people’s identity card,  ID  card  or  passport  in  the  case  of  investors  being  an
  • individual; copy of the incorporation certificate or other equivalent document certifying the legal
  • status in the case of investors being an organization;
  • Proposal for the investment project comprising the following items:  investors implementing
  • The project, investment objectives, investment scale, investment capital and method of raising
  • capital, location, duration, investment schedule, need for labour, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
  • Copy of any one of the following documents:  financial statements for the last two years of the investor; undertaking of the parent company to provide financial support; undertaking of a financial institution(s)  to  provide  financial  support;  guarantee  for  the  financial  capability  of  the investor; or a document proving the financial capability of the investor;
  • Proposal for a need for land use; where the project does not require the State to allocate or lease out land or to permit conversion of the land use purpose, a copy of the site lease agreement or other document certifying that the investor has the right to use the site for implementation of the investment project shall be submitted;
  • Explanatory statement on technology to be used in respect of the projects prescribed in article 32.1(b) of this Law, including the following items:  name of technology, origin of technology, diagram of technological   process; main technical specifications, condition of machinery, equipment and main technological line to be used;
  • BCC contract in the case of investment projects in the form of a BCC contract.

2. Procedure and duration:

  • An investor shall submit the file prescribed in clause 1 of this article to the investment Registration agency.
  • The investment registration agency must, within a time limit of thirty-three (35) days from the date of receipt of the investment project file, notify the investor of a result.
  • The investment registration agency shall, within a time limit of three (03) working days from the date of receipt of the complete investment project file, forward the file to the State agencies relating to the items prescribed in clause 6 of this article to ask for their opinions on appraisal.
  • The agency which is asked for an opinion shall, within a time-limit of fifteen (15) days from the date of receipt of the investment project file,  provide  its  opinion  on  appraisal  of  the  items under its State management to the investment registration agency.

 

II. DOCUMENTS, ORDER AND PROCEDURES FOR ISSUANCE OF BUSINESS REGISTRATION CERTIFICATES

1. The documents of registration for limited liability company

  • An application form for business registration.
  • The company’s charter.
  • A list of members. (One member limited liability company doesn’t require a list of members).
  • Copies of:

a) Copies of the ID card or other ID papers of members being individuals;

b) Decision on Establishment, Certificate of Business registration, or an equivalent document of the organization and the letter of authorization; the ID card or other ID papers of the authorized representatives of members being organizations. If a member is a foreign organization, the copy of the Certificate of Business registration or an equivalent document must be consularly legalized.

c) The Certificate of Investment registration of the foreign investors as prescribed by the Law

on Investment. 

2. Application for registration of a joint-stock company

  • An application form for business registration.
  • The company’s charter.
  • A list of founding shareholders and shareholders being foreign investors.
  • Copies of:

a) Copies of the ID card or other ID papers of founding shareholders and foreign investors

being individuals;

b) Decision on Establishment, Certificate of Business registration, or an equivalent document of the organization and the letter of authorization; the ID card or other ID papers of the authorized representatives of founding shareholders and foreign investors being

organizations. If shareholders are foreign organizations, the copy of the Certificate of Business registration or an equivalent document must be consularly legalized.

c) The Certificate of Investment registration of the foreign investors as prescribed by the Law

on Investment.