|
THE
MINISTRY OF PLANNING AND INVESTMENT
----------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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|
No.
1088/2006/QD-BKH
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Hanoi,
October 19, 2006
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DECISION
ISSUING STANDARD FORMS FOR CONDUCTING INVESTMENT PROCEDURES
IN VIETNAM
THE MINISTER OF PLANNING AND INVESTMENT
Pursuant to the Law on
Investment dated 29 November 2005;
Pursuant to the Law on Enterprises dated 29 November 2005;
Pursuant to Decree 108-2006-ND-CP of the Government dated 22 September 2006
providing guidelines for implementation of a number of articles of the Law on
Investment;
Pursuant to Decree 88-2006-ND-CP of the Government dated 29 August 2006 on
business registration;
Pursuant to Decree 101-2006-ND-CP of the Government dated 21 September 2006 on
re-registration
[and/or] conversion and registration for replacement with Investment
Certificates by enterprises with foreign invested capital pursuant to the Law
on Enterprises and the Law on Investment;
Pursuant to Decree 61-2003-ND-CP of the Government dated 6 June 2003 on
functions, duties and powers of the Ministry of Planning and Investment;
Having considered the proposal of the Director of the Foreign Investment Department
and the Director of the Legal Systems Department;
DECIDES:
Article 1.- To
issue with this Decision the standard forms for conducting investment
procedures in Vietnam.
Article 2.- The
standard forms for conducting investment procedures in Vietnam shall be applied
uniformly throughout the entire country. Investment Certificates shall be
printed on patterned A4 size paper as issued by the Ministry of Planning and
Investment.
Article 3.- This
Decision shall be of full force and effect as of the date of its signing.
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THE MINISTER OF
PLANNING AND INVESTMENT
Vo Hong Phuc
No.
List
of Standard Forms
Notation
I. Standard Forms
Applicable to Investors:
APPENDIX
I
(I-1 to I-16)
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1
Registration/Request for
issuance of Investment Certificate
(for cases not associated with
establishment of enterprise or branch)
Appendix
I-1
2
Registration/Request for
issuance of Investment Certificate
(for cases associated with
establishment of branch)
Appendix
I-2
3
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(for cases associated with
establishment of enterprise)
Appendix
I-3
4
Registration/Request for
amendment of Investment Certificate
(for cases where Investment
Certificate is not associated with establishment of enterprise or branch)
Appendix
I-4
5
Registration/Request for amendment
of Investment Certificate
(for cases where Investment
Certificate is associated with establishment of branch)
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6
Registration/Request for
amendment of an Investment Certificate
(for cases where Investment
Certificate is associated with establishment of enterprise)
Appendix
I-6
7
Registration of amendment of
business registration contents
(for cases of amendment of
only contents of business registration or operational registration Investment
Certificate of branch)
Appendix
I-7
8
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Appendix
I-8
9
List of founding shareholders
of shareholding company
Appendix
I-9
10
List of founding members of
partnership
Appendix
I-10
(b) Standard forms
applicable only to domestic investment:
11
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(for cases of domestic
investment not requiring issuance of Investment Certificate)
Appendix
I-11
12
Registration of amendment of investment
project
(for cases of amendment of
domestic investment projects without issuing amended Investment Certificate)
Appendix
I-12
(c) Standard forms
applicable only to foreign investment:
13
Re-registration of enterprise and
investment project
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Appendix
I-13
14
Registration for replacement
with Investment Certificate
(for cases of replacement with
Investment Certificate by parties to business co-operation contract issued
with investment license prior to 1 July 2006 )
Appendix
I-14
15
Registration of conversion of
form of enterprise
(for cases of conversion of enterprises
with foreign invested capital issued with investment license prior to 1 July
2006 )
Appendix
I-15
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Registration/Request for
amendment of investment license
(for enterprises with foreign
invested capital or parties to business cooperation contract issued with
investment license prior to 1 July 2006 which have not yet re-registered and
which do not re-register)
Appendix
I-16
II. Standard forms of
Investment Certificates
APPENDIX
II
(II-1 to II-5)
17
Investment Certificate
(issued for implementation of
investment project not associated with establishment of enterprise or branch)
Appendix
II-1
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Investment Certificate (also
Certificate of Registration of Operation of Branch)
(issued for implementation of
investment project associated with establishment of branch)
Appendix
II-2
19
Investment Certificate (also
Business Registration Certificate)
(issued for implementation of
investment project associated with establishment of enterprise)
Appendix
II-3
20
Amended Investment Certificate
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Appendix
II-4
21
Certificate of Amendment of Investment
License
(issued to enterprises with
foreign invested capital or parties to business cooperation contract issued
with investment license prior to 1 July 2006 which have not yet re-registered
and which do not re-register)
Appendix
II-5
III. Codes of Provinces
APPENDIX
III
IV. Guidelines on How to
Complete Standard Forms
APPENDIX
IV
(IV-1 to IV-3)
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Guidelines for investors on
how to complete standard forms
Appendix
IV-1
2
Guidelines and regulations on how
to complete standard forms of Investment Certificates, amended Investment
Certificates, and Certificates of Amendment of Investment Licenses
Appendix
IV-2
3
Provisions on fonts and
formats
Appendix
IV-3
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REGISTRATION/REQUEST FOR ISSUANCE OF INVESTMENT
CERTIFICATE
(for cases not associated with establishment of enterprise or branch)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
----------------
REGISTRATION/REQUEST
FOR ISSUANCE OF INVESTMENT CERTIFICATE
[01]To:
[02] Name of investor:
Hereby registers to implement an
investment project with the following contents:
[11] 1. Name of the investment
project:
[12] 2. Location for
implementation of the project; proposed area of land to be used:
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[14] 4. Proposed investment
capital for implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the
investor]1 on entitlement to investment incentives:
8. The investor undertakes
:
(a) [To be responsible for]
the accuracy of the contents of the investment application file; and
(b) To comply strictly with
the provisions of the law of Vietnam and of the Investment Certificate.
Dated:..................
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[20] Documents attached:
APPENDIX I-2
REGISTRATION/REQUEST FOR ISSUANCE OF INVESTMENT
CERTIFICATE
(for cases associated with establishment of branch)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
REGISTRATION/REQUEST
FOR ISSUANCE OF INVESTMENT CERTIFICATE
To: [01]
[02] Name of investor:
Hereby registers the operation
of the Branch in order to implement an investment project with the following
contents:
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[03] 1. Name of Branch:
[04] 2. Address:
[07] 3. Head of the Branch:
[08] 4. Business lines:
II. CONTENTS OF THE INVESTMENT
PROJECT:
[11] 1. Name of the investment
project:
[12] 2. Location for
implementation of the project; proposed area of land to be used:
[13] 3. Objectives and scale of
the project:
[14] 4. Proposed investment
capital for implementation of the project:
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[16] 5. Duration of operation:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
III. THE INVESTOR UNDERTAKES:
1. [To be responsible for] the
accuracy of the contents of the investment application file; and
2. To comply strictly with the
provisions of the law of Vietnam and of the Investment Certificate.
Dated:................
[19] INVESTOR
[20] Documents attached:
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APPENDIX I-3
REGISTRATION/REQUEST FOR ISSUANCE OF INVESTMENT
CERTIFICATE
(for cases associated with establishment of enterprise)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
REGISTRATION/REQUEST
FOR ISSUANCE OF INVESTMENT CERTIFICATE
To: [01]
[02] Name of investor:
Hereby registers establishment
of an economic organization in order to implement an investment project with
the following contents:
I. CONTENTS OF REGISTRATION OF
ESTABLISHMENT OF THE ENTERPRISE:
[03] 1. Name of the enterprise:
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[05] Branch/Representative
Office (if any):
[06] 3. Type of enterprise being
registered for establishment:
[07] 4. Legal representative of
the enterprise:
[08] 5. Business lines:
[09] 6. Capital of the
enterprise:
[10] 7. Legal capital:
II. CONTENTS OF THE INVESTMENT
PROJECT:
[11] 1. Name of the investment
project:
[12] 2. Location for
implementation of the project; proposed area of land to be used:
...
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[14] 4. Proposed investment
capital for implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
III. THE INVESTOR UNDERTAKES:
1. [To be responsible for] the
accuracy of the contents of the investment application file; and
2. To comply strictly with the
provisions of the law of Vietnam and of the Investment Certificate.
Dated:................
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[20] Documents attached:
APPENDIX I-4
REGISTRATION/REQUEST FOR AMENDMENT OF INVESTMENT
CERTIFICATE
(for cases where Investment Certificate is not associated with establishment
of enterprise or branch)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
REGISTRATION/REQUEST
FOR AMENDMENT OF INVESTMENT CERTIFICATE
To: [01]
[02] Name of investor:
Hereby registers/requests amendment
of the Investment Certificate ...(number of the Certificate, date of issuance
and place of issuance)... with the following contents:
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[11] 1. Name of the investment
project:
[12] 2. Location for
implementation of the project; proposed area of land to be used:
[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
8. The investor undertakes :
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(b) To comply strictly with the provisions of the law of
Vietnam and of the Investment Certificate.
Dated:................
[19] INVESTOR
[20] Documents attached:
APPENDIX I-5
REGISTRATION/REQUEST FOR AMENDMENT OF INVESTMENT
CERTIFICATE
(for cases where Investment Certificate is associated with establishment of
branch)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-------------
REGISTRATION/REQUEST
FOR AMENDMENT OF INVESTMENT CERTIFICATE
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[02] Name of investor:
Hereby registers/requests
amendment of the Investment Certificate ...(number of the Certificate, date of
issuance and place of issuance)... with the following contents:
(Write the contents already
stipulated in the Investment Certificate and the items which are requested to
be amended under any of the following items:)
I. REGISTRATION OF AMENDMENT OF
OPERATIONAL CONTENTS OF THE BRANCH:
[03] 1. Name of the Branch:
[04] 2. Address:
[07] 3. Head of the Branch:
[08] 4. Business lines:
II. AMENDED CONTENTS OF THE
INVESTMENT PROJECT:
...
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[12] 2. Location for
implementation of the project; proposed area of land to be used:
[13] 3. Objectives and scale of
the project:
[14] 4. Proposed investment
capital for implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation:
[17] 6. Schedule for implementation
of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
III. THE INVESTOR UNDERTAKES:
1. [To be responsible for] the
accuracy of the contents of the application file for amendment; and
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Dated:................
[19] INVESTOR
[20] Documents attached:
APPENDIX I-6
REGISTRATION/REQUEST FOR AMENDMENT OF INVESTMENT
CERTIFICATE
(for cases where Investment Certificate is associated with establishment of
enterprise)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-------------
REGISTRATION/REQUEST FOR AMENDMENT OF INVESTMENT CERTIFICATE
To: [01]
[02] Name of investor:
...
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(Write the contents already
stipulated in the Investment Certificate and the items which are requested to
be amended under any of the following items:)
I. REGISTRATION FOR AMENDMENT OF
BUSINESS ITEMS:
[03] 1. Name of the enterprise:
[04] 2. Address of the head
office:
[05] Branch/Representative
Office (if any):
[06] 3. Type of enterprise:
[07] 4. Legal representative of
the enterprise:
[08] 5. Business lines:
[09] 6. Capital of the
enterprise:
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II. AMENDED CONTENTS OF THE
INVESTMENT PROJECT:
[11] 1. Name of the investment
project:
[12] 2. Location for
implementation of the project; proposed area of land to be used:
[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation:
[17] 6. Schedule for implementation
of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
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1. [To be responsible for] the
accuracy of the contents of the application file for amendment; and
2. To comply strictly with the
provisions of the law of Vietnam and of the Investment Certificate.
Dated:................
[19] INVESTOR
[20] Documents attached:
APPENDIX I-7
REGISTRATION OF AMENDMENT OF BUSINESS REGISTRATION
CONTENTS
(for cases of amendment of only contents of business registration or
operational registration in Investment Certificate of branch)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
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To: [01]
[02] Name of investor:
Hereby registers amended
registered business items or registers amendment of operational items of the
branch as stipulated in the Investment Certificate ...(number of the
Certificate, date and place of issuance)... with the following contents:
(Write the items already
stipulated in the Investment Certificate and the items which it is requested to
be amended under any of the following items. In the case of registration of
operation of a branch, it is not necessary to complete items 3, 6 or 7 below
and the expression "enterprise" should be replaced by the expression
"Branch").
[03] 1. Name of the enterprise:
[04] 2. Address of the head
office:
[05] Branch/Representative
Office (if any):
[06] 3. Type of enterprise:
[07] 4. Legal representative of
the enterprise or head of the Branch:
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[09] 6. Capital of the
enterprise:
[10] 7. Legal capital:
8. The investor undertakes :
(a) To be responsible for] the accuracy of the contents of
the application file for amendment; and
(b) To comply strictly with the provisions of the law of
Vietnam and of the Investment Certificate.
Dated:................
[19] INVESTOR
[20] Documents attached:
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LIST
OF MEMBERS OF LIMITED LIABILITY COMPANY WITH TWO OR MORE MEMBERS
No.
Name of founding
member
Address
Establishment
Decision
Capital contribution
Signature of member
Notes
Total value of capital
contribution
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Time of contribution
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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...date...
LEGAL REPRESENTATIVE OF THE ENTERPRISE
(Signature and full name)
Notes:
Column (2): In the case where a
member is an individual: Write full name, date of birth, sex, nationality.
Column (3): Address: In the case
where a member is an individual: Write place of registered permanent residence.
In the case where a member is an organization: Write address of the head
office.
Column (4): In the case where a
founding member is an individual: Write date and place of issuance of ID card,
passport or lawful personal identification. In the case where a founding member
is an organization: Give the establishment decision, business registration
certificate or other equivalent document.
Column (6): Method of capital
contribution: List the name of the types of asset/assets, the quantity of each
type of asset, the residual value of each type of asset, and the time of
contribution of each type of asset.
APPENDIX I-9
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No.
Name of founding
shareholder
Address
Establishment Decision
Capital contribution
Time of contribution
Signature of member
Total number of shares
Class of share
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[Other
classes of shares]
Number
Value
Number
Value
Number
Value
(1)
(2)
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(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
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...
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...date...
LEGAL REPRESENTATIVE OF THE ENTERPRISE
(Signature and full name)
Notes:
Column (2): In the case where a
founding shareholder is an individual: Write full name, date of birth, sex,
nationality.
Column (3): Address: In the case
where a founding shareholder is an individual: Write place of registered
permanent residence. In the case where a founding shareholder is an
organization: Write the address of the head office.
Column (4): In the case where a
founding shareholder is an individual: Write the date and place of issuance of
ID card, passport or lawful personal identification. In the case where a
founding shareholder is an organization: Give the establishment decision,
business registration certificate or other equivalent document.
...
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LIST OF FOUNDING MEMBERS OF PARTNERSHIP
No.
Name of founding
member
Address
Establishment Decision
Profession and
professional qualifications of member of partnership
Capital
contribution
Signature of member
Notes
...
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Capital contribution
portion
Time of contribution
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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(9)
(10)
...
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...date...
LEGAL REPRESENTATIVE OF THE ENTERPRISE
(Signature and full name)
Notes:
Column (2): In the case where a
member is an individual: Write full name, date of birth, sex, and nationality.
Column (3): Address: In the case
where a member is an individual: Write place of registered permanent residence.
In the case where a member is an organization: Write address of the head
office.
Column (4): In the case where a
founding member is an individual: Write date and place of issuance of ID card,
passport or lawful personal identification. In the case where a founding member
is an organization: Give the establishment decision, business registration
certificate or other equivalent document.
...
...
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APPENDIX I-11
REGISTRATION OF INVESTMENT PROJECT
(for cases of domestic investment not requiring issuance of Investment
Certificate)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-------------
REGISTRATION
OF INVESTMENT PROJECT
To: [01]
[02] Name of investor:
Hereby registers to implement an
investment project with the following contents:
[11] 1. Name of the investment
project:
...
...
...
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[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[16] 5. Duration of operation:
[18] 6. Recommendations [of the
investor] on entitlement to investment incentives:
7. The investor undertakes :
(a) [To be responsible for] the
accuracy of the registered investment items; and
(b) To comply strictly with the
provisions of the law of Vietnam and of the Investment Certificate.
Dated:..................
[19] INVESTOR
...
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APPENDIX I-12
REGISTRATION OF AMENDMENT OF INVESTMENT PROJECT
(for cases of amendment of domestic investment projects without issuing
amended Investment Certificate)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
----------------
REGISTRATION
OF AMENDMENT OF INVESTMENT PROJECT
To: [01]
[02] Name of investor:
Hereby registers to implement an
investment project which was registered on ....... with the following contents:
(Write the items already
registered and the items which it is requested be amended under any of the
following headings:)
[11] 1. Name of the investment
project:
...
...
...
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[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[16] 5. Duration of operation:
[18] 6. Recommendations [of the
investor] on entitlement to investment incentives:
7. The investor undertakes :
(a) [To be responsible for] the accuracy of the amended
registered items; and
(b) To comply strictly with the provisions of the law of
Vietnam and of the Investment Certificate.
Dated:..................
[19] INVESTOR
...
...
...
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APPENDIX I-13
RE-REGISTRATION OF ENTERPRISE AND INVESTMENT PROJECT
(for cases of re-registration of enterprises with foreign invested capital
issued with investment license prior to 1 July 2006 )
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-------------
RE-REGISTRATION
OF ENTERPRISE AND INVESTMENT PROJECT
To: [01]
[02] Name of investor:
The investor is currently
implementing the investment project pursuant to investment license ... (specify
number of the license, and date and place of issuance)... .
Hereby re-registers the
enterprise and investment project with the following contents:
(Write the relevant items
stipulated in the investment license and any amended licenses which have been
issued and specify out any proposal for amendments or additions under any of
the following headings:)
...
...
...
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[03] 1. Name of the enterprise:
[04] 2. Address of the head
office:
[05] Branch/Representative
Office (if any):
[06] 3. Type of enterprise:
[07] 4. Legal representative of
the enterprise:
[08] 5. Business lines:
[09] 6. Capital of the
enterprise:
[10] 7. Legal capital:
II. CONTENTS OF THE INVESTMENT
PROJECT:
...
...
...
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[12] 2. Location for
implementation of the project; area of land used:
[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation of
the project:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the investor]
on entitlement to investment incentives:
III. THE INVESTOR UNDERTAKES:
1. [To be responsible for] the
accuracy of the contents of the application file for re-registration of the
enterprise and the investment project; and
...
...
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Dated:................
[19] INVESTOR
[20] Documents attached:
APPENDIX I-14
REGISTRATION FOR REPLACEMENT WITH INVESTMENT
CERTIFICATE
(for cases of replacement with Investment Certificate by parties to business
co-operation contract issued with investment license prior to 1 July 2006 )
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
----------------
REGISTRATION
FOR REPLACEMENT WITH INVESTMENT CERTIFICATE
To: [01]
...
...
...
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The parties are currently
implementing the investment project ......... pursuant to investment license
...(specify number of the license, and date and place of issuance)... .
Hereby re-register for replacement
with an Investment Certificate with the following contents:
(Write the relevant items
stipulated in the issued investment license or amended licenses and specify the
proposal for amendments or additions under any of the following headings:)
[11] 1. Name of the investment
project:
[12] 2. Location for
implementation of the project; area of land used:
[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation of
the project:
...
...
...
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[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
8. The investor undertakes:
(a) [To be responsible for] the accuracy of the contents of
the application file for replacement with an Investment Certificate; and
(b) To comply strictly with the provisions of the law of
Vietnam and of the Investment Certificate.
Dated:................
[19] INVESTOR
[20] Documents attached:
APPENDIX I-15
...
...
...
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-------------
REGISTRATION
OF CONVERSION OF FORM OF ENTERPRISE
To: [01]
[02] Name of Investor:
The investor is currently
implementing the investment project ....... pursuant to investment license ...
(specify number of the licence, and date and place of issuance)... .
Hereby registers the conversion
of form of enterprise with the following contents:
(Write the relevant items
stipulated in the issued investment license or amended licenses and specify the
proposal for amendments or additions under any of the following headings:)
I. REGISTRATION OF CONVERSION OF
ENTERPRISE:
[03] 1. Name of the enterprise:
...
...
...
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[05] Branch/Representative
Office (if any):
[06] 3. Type of converted
enterprise which is being registered:
[07] 4. Legal representative of
the enterprise:
[08] 5. Business lines:
[09] 6. Capital of the
enterprise:
[10] 7. Legal capital:
II. RE-REGISTRATION OF THE
INVESTMENT PROJECT:
[11] 1. Name of the investment
project:
[12] 2. Location for implementation
of the project; area of land used:
...
...
...
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[14] 4. Proposed investment
capital for implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation of
the project:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
III. THE INVESTOR UNDERTAKES:
1. [To be responsible for] the
accuracy of the contents of the application file for conversion of form of
enterprise; and
2. To comply strictly with the
provisions of the law of Vietnam and of the Investment Certificate.
Dated:................
...
...
...
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[20] Documents attached:
APPENDIX I-16
REGISTRATION/REQUEST FOR AMENDMENT OF INVESTMENT
LICENSE
(for enterprises with foreign invested capital or parties to business
co-operation contract issued with investment license prior to 1 July 2006 which
have not yet re-registered and which do not re-register)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
------------------
REGISTRATION/REQUEST
FOR AMENDMENT OF INVESTMENT LICENSE
To: [01]
[02] Name investor:
Hereby registers or requests
amendment of the Investment License ... (specify number of the license, and
date and place of issuance)... with the following contents:
...
...
...
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I. AMENDMENT OF REGISTERED
BUSINESS ITEMS:
[03] 1. Name of the enterprise:
[04] 2. Address of the head
office:
[05] Branch/Representative
Office (if any):
[06] 3. Type of enterprise:
[07] 4. Legal representative of
the enterprise:
[09] 5. Capital of the
enterprise:
II. AMENDMENT OF CONTENTS OF THE
INVESTMENT PROJECT:
[11] 1. Name of the investment
project:
...
...
...
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[13] 3. Objectives and scale of
the project:
[14] 4. Investment capital for
implementation of the project:
[15] Of which: Capital
contribution for implementation of the project:
[16] 5. Duration of operation of
the project:
[17] 6. Schedule for
implementation of the project:
[18] 7. Recommendations [of the
investor] on entitlement to investment incentives:
III. THE INVESTOR UNDERTAKES:
1. [To be responsible for] the
accuracy of the contents of the application file for amendment of the
Investment License; and
2. To comply strictly with the
provisions of the law of Vietnam and of the Investment Certificate.
...
...
...
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[19] INVESTOR
[20] Documents attached:
APPENDIX IV
GUIDELINES ON HOW TO COMPLETE STANDARD FORMS
[01] : Name of the Investment
Certificate-Issuing Body.
[02] : Main information about
each investor:
(a) In the case of investor
being an individual:
Full name (full name, position,
date of birth, ethnic group, and nationality);
...
...
...
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Other personal identification
document in the case of an investor not having an ID card or passport (name of
the document, number, date and place of issuance);
Place of registration of
permanent address;
Current address (address,
telephone number, fax and email).
(b) In the case of investor
being an enterprise or organization:
Name of the enterprise or
organization;
Business registration
certificate or Investment Certificate or establishment decision (number, date
and place of issuance);
Information about the legal
representative of the enterprise or organization registering the investment,
including:
Full name (full name, date of
birth, ethnic group and nationality);
ID card or passport (number,
date and place of issuance);
...
...
...
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Position;
Place of registration of
permanent address;
Current address (address,
telephone number, fax and email).
[03] Full name printed in
capitals:
(a) Name in Vietnamese;
(b) Trading name (if any) in a
foreign language;
(c) Abbreviated name (if any).
(The name of an enterprise must
satisfy the requirements stipulated in the law on business registration).
[04] Full address (number of the
house and street, ward, commune, district and city).
...
...
...
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[06] Type of enterprise
registered for establishment pursuant to the Law on Enterprises: one member
limited liability company, limited liability company with two or more members,
shareholding company, partnership or private enterprise.
[07] Information about the legal
representative of the enterprise which has been established should be recorded
as per item [03].
08]
No.
Code of business line
Name of business line
...
...
...
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(The above is not applicable to
Appendix 1-14)
...
...
...
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(a) In the case of establishment
of a private enterprise, write "initial investment capital",
including the total sum including Vietnamese dong, foreign currencies and other
assets (specify the type of asset, the quantity and residual value of each type
of asset: this item may be completed on a separate page as an enclosure).
Type
of document
Cases
in which applicable
- Valid copy of the ID card,
passport or other personal identification document; copy of the establishment
decision, business registration certificate or other equivalent document of
the organization;
- Power of attorney together
with ID card, passport or other personal identification document of the
representative.
- All cases must have
accompanying documents.
- Not applicable in cases of
re-registration, replacement with an investment certificate and conversion of
the form of enterprise.
- Report on financial capacity
of the investor (which the investor shall prepare and for which the investor
shall be liable).
- Applicable in all cases,
except for domestic investments which are not required to be registered.
...
...
...
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- Applicable to cases of
establishment of joint venture economic organization with foreign investor.
- Amended joint venture
contract.
- Applicable in cases of
amendment of an Investment Certificate with changes in the contents in the
signed joint venture contract.
- Applicable in cases of
re-registration [and/or] conversion of the form of enterprise with changes in
the contents of the signed joint venture contract.
- Business co-operation
contract.
- Applicable in cases of investment
in the form of a business co-operation contract.
- Amended business
co-operation contract.
- Applicable in cases of
amendment of an Investment Certificate with changes in the contents of the
signed business cooperation contract.
...
...
...
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- Draft charter of the
enterprise.
- List of members or founding
shareholders.
- Applicable in cases of
establishment of limited liability company, shareholding company or
partnership.
- Draft amended charter of the
enterprise.
- List of members or founding
shareholders.
- Applicable in cases of amendment
of an Investment Certificate with changes in the contents of the charter of
the enterprise or addition of additional members.
- Applicable in cases of
re-registration [and/or] conversion of the form of enterprise resulting in
amendment of the charter of the enterprise or addition of new members.
- Economic-technical
explanatory statement.
- Applicable to projects in
the category of evaluation for issuance of investment certificate.
...
...
...
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- Applicable in cases of
amendment of an Investment Certificate (or investment license) in the
category requiring evaluation.
- Explanatory statement on the
ability to satisfy conditions which the investment project must satisfy.
- Applicable to projects in
sectors in which investment is conditional.
- Document certifying legal
capital.
- Applicable to business lines
which are subject by law to legal capital requirements.
- Valid copy of practicing
certificate.
- Applicable in cases of
conducting business in business lines which are required by law to have a
practicing certificate.
- Copy Investment Certificate,
amended Investment Certificate, and Certificate of amendment of investment
license
- Applicable in cases of
amendment of an Investment Certificate.
...
...
...
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- Applicable in cases of re-registration
[and/or] conversion of form of enterprise and replacement with an Investment
Certificate.
- Decision on conversion of
form of enterprise made by the board of management, general meeting of
shareholders or owner of an enterprise with 100 per cent foreign owned
capital.
- Applicable in cases of
conversion of form of enterprise.
(b) In the case of establishment
of a shareholding company, write "charter capital", being the charter
capital paid up at the time of registration and including the total number of
shares, and the par value of the shares; the total number of shareholders, the
classes of shares for which founding shareholders have registered to purchase;
and the number of shares and the class of shares it is proposed to offer for sale.
(c) In the case of establishment
of a limited liability company or partnership, write "charter
capital", being the paid up charter capital at the date of registration
and including the total amount and the capital contribution portion of each member
as recorded in the list of members.
2. The amount of capital should
be recorded in Vietnamese dong and, in the case of a foreign invested project,
this amount should be supplemented with the equivalent value in a foreign
currency.
[10] Legal capital is only
applicable to enterprises engaged in business lines subject by law to legal
capital requirements (such as finance, banking and insurance sectors).
[11] The name of the investment
project should be recorded in full in capital letters in Vietnamese and also in
a foreign language (if the investment project also has a name in a foreign
language).
[12] Full address (number of the
house and street, ward, commune, district and city).
...
...
...
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[13] Specify the particular type
of product or services and the scale of the project.
For example:
Production of coal on a scale of
500,000 tones per year; or
Construction and commercial
operation of a five (5) star hotel with 500 guest rooms.
[14] Specify the total
investment capital in Vietnamese dong and, in the case of a foreign invested
project, this amount should be supplemented with the equivalent value in a
foreign currency.
[15] Specify the capital
contribution portion, the type of capital and the schedule for making the
capital contribution:
(Where there is more than one
investor, specify the above details as applicable to each investor).
[16] The duration of operation
of the project, commencing as from the date of issuance of the Investment
Certificate.
[17] Specify the proposed
schedule for construction of project works and items of works (for example, the
date of the ground-breaking ceremony, the construction period, the date for
procurement and for installation of machinery and equipment, the date of
commencing business activities, etc).
...
...
...
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(b) Exemption from import duty;
(c) Exemption from and reduction
of rent and land use fees, water surface and sea surface taxes;
(d) Other recommendations (if
any).
[19] If there is more than one
investor, each investor should write his/her/its full name, and seal the
document (if the investor has a seal).
(If the investor is an
enterprise or organization, the signatory should be the legal representative of
such enterprise or organization).
[20] Documents to be attached: