Where do you find the information of investment fields conditions as well as business lines? Where do you find the real experience regarding the project implementation location? all of them is a important investment experience in Vietnam.
The invested experience in Vietnam. Before investing in Vietnam, there are two aspects that you need to know and update such as (i) the market access limitation in related to your investment fields as well as business lines, (ii) the project implementation location.
This post is only focused on sharing of our experience as well as our instruction regarding the locations where you can find the information of investment conditions related.
However, we highly recommend that you should connect with Barrso’s lawyer for approaching the professional legal opinion and depth solutions.
Firstly, regaring the invested experience in Vietnam, we will instruct where you can find the information refer to investment fields conditions as well as business lines.
Where do you find the information of investment fields conditions as well as business lines (invested experience in Vietnam)?
If you are an investor, you would like to know about experience in Vietnam. You can please seek and research the invested fields conditions as well as business lines which will be limited market access with respect to foreign investors or warmly open welcome the foreign investors upon our guidance as shared hereunder:
- World trade organization (WTO) commitment that Vietnam is joined as a member from 2006- WTO has clearly regulated about investment conditions need to comply by foreign investors, including the individual, entities investors and other subjects. Therefore, the foreign investors will base on its regulations, and compared with investment fields which expect to invest in Vietnam and prepare it before building the plan for further steps. WTO is only in force with countries currently engaged in WTO, so if you are investors come from a country not the member of WTO, your project may be referred to opinion of specialized ministries before granting the license.
- Bilateral and other multilateral international commitments: Let be honest, beside the WTO, you need to consider the bilateral and other multilateral world commitments when you invest in Vietnam. For reasons: (i) If It is more advantages with respect to your nationality, (ii)If It is more advantages in respect to investment fields as well as business lines of yours.
- The website of government is an especially important sorce. Pursuance to Aticle 13.1 of Decree No. 11/2015 guidelines for some articles of the law on Investment " The Ministry of planning and investment shall take charge and cooperate with other ministries and ministerial agencies in reviewing and aggregating investment conditions applied to foreign investors according to Laws, Ordinances, Decress, and international agreements on investors, and sectors specified in Point e clause 2 article 10 of decree in order to publish them on national foreign investment web portal." Thus, you can find helpful information which opened market access in associate with your expected investment fields or business lines. Please refer to https://dautunuocngoai.gov.vn/fdi
- The prevailing regulations of Vietnam will be adjusted when international commitments without any regulation regarding your project. However, as the laws in Vietnam is complicated, you should contact to Barrso’s lawyers for professional legal advice.
Second, we warmly share our invested experience in Vietnam on respects the project implementation location as follows:
What is the project implementation location?
Following our opinion, the project implementation location is the location that has already approved by competent authorities upon certificate of investment registration or other licenses confirmed for investor’s right to use, execute, and develop the project at that location.
There are some points of experience in Vietnam will be shared by Barrso:
- The project implement location and the headquarter of the company are may as one or the Project implement location may be different with the headquarter of the company. One company can establish more than a project as well as different project implement locations.
- For reference only, Under the article 43 of the law on business 2014 – the headquarter of the company must have full for 04 geographical level such as (i) house number, street (ii) ward/commune, (iii) District/Town, (iv) province, city.
- The project implementation location and the headquarter of the company are not located at apartments, except the area for trade, service or officetel.
- For production fields: The productive location will be distinctive between the productive location located in Export Processing Zone, industrial Zone, High-tech Zone and the productive location registered outside of those areas ( For example: If outside location, it must be accepted by Local authorities in written for the productive operation before granting the licenses ).
Third, when determination of proper location, you need to know which documents you will prepare for proposal of one project. This is a valuable investment experience in Vietnam
What legal documents do you prepare for a project?
Currently, with respect to the investment projects of normal fields, you only need to provide the location lease agreement or the office lease agreement. However, depending on the business lines as well as investment fields of the project, you must provide more other legal documents in associated with expertise of this specific location. Barrso will share common aspects to you as reference:
- The project will be operated as real estate rent: When investors is an enterprise engages in the real estate to re- lease. In the lease agreement must be regulated that investors have right to re-lease to third party and in fact, only allowing re-lease at the locations which granted and showed on the project license. Not all locations the investors want.
- With respect to some special locations such as “ Deutsches haus Ho Chi Minh” , the enterprises and investors must be a member of Germany enterprise Associations before registration of project implementation location.
- For the building that Apartment combined with office, investor will provide more the legal documents to prove leased location in function of trade, service beside the office lease agreement.
- The project will be assigned by competent authorities to investors: Providing the documents to prove the purpose as assigned resolution, project approval resolution and other legal documents e.tc
- The project will be leased by competent authorities to investors: project approval resolution, land lease agreement, the receipt of rental payment and other legal documents.
You can please contact with Barrso law firm for receiving the professional legal advice.
Final, regarding invested experience in Vietnam, you also need to know about the formality of legal documents about project location.
The competent authority can be accepted for notarized version or original version which attached with the legal documents of the project location, but in generally, the notarized version will be priority to provide for the competent authority.
Some contents shared by Barrso as set forth above. You can please refer to it however we recommend that you should contact our lawyers for further advice.