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Setting Up an FDI Company in Industrial Zones in Vietnam: A Comprehensive Guide

setting up an FDI company in industrial zonesSetting Up an FDI Company in Industrial Zones in Vietnam: A Comprehensive Guide

Foreign Direct Investment (FDI) has been an important driver of Vietnam’s economic growth, and many foreign investors are choosing to set up FDI companies in industrial zones in Vietnam. Industrial zones offer many advantages for foreign investors, including access to infrastructure, a skilled workforce, and favorable business policies. In this article, we’ll provide you with a comprehensive guide to setting up an FDI company in industrial zones in Vietnam.

Choose Your Investment Sector and Industrial Zone

The first step to setting up an FDI company in industrial zones in Vietnam is to choose the investment sector you want to invest in and the industrial zone in which you want to set up your business. Vietnam has many investment sectors and industrial zones that are open to foreign investors, and you should research the sectors and industrial zones that align with your business goals.

Choose an appropriate lease land area 

When foreign investors intend to lease land in industrial zones in Vietnam, they usually look to find a lease land area suitable for their requirements and expectation and then will contact, discuss and work with a broker or representative of the landlord for their reservation by signing a Memorandum of Understanding (MOU) or deposit agreement with the industrial zone management board before preparing an application for obtaining the investment registration certificate. This agreement outlines the conditions of land use and serves as a commitment from the investor to lease the land for the intended purpose.

Before signing the MOU or deposit agreement, it is important for foreign investors to carefully review and understand the terms and conditions of the agreement. This includes the duration of the lease, the rental rate, the payment schedule, and any penalties or fines for breach of the agreement.

Prepare Your Business Plan and Financial Projections

Once you’ve executed the land lease agreement and identified the investment sector and industrial zone you want to invest in, you need to prepare your business plan and financial projections. Your business plan should include a detailed description of your business, your market analysis, and your marketing strategy. Your financial projections should include your revenue, expenses, and cash flow projections.

Obtain an Investment Registration Certificate 

Foreign investors in Vietnam are required to obtain an investment registration certificate from the relevant government agencies. The process for obtaining the investment registration certificate can be time-consuming, and you may need to provide detailed information about your business plan and financial projections. You should work with a local legal advisor to ensure that your investment registration certificate application is complete and accurate.

Register Your Business

Once you’ve obtained your investment registration certificate, you need to register your business with the relevant government agencies and then will be granted an enterprise registration certificate for setting up an FDI company in industrial zones. This includes registering for tax and social insurance purposes, as well as obtaining any necessary business licenses. You should work with a local advisor to ensure that your business registration is complete and compliant with local regulations.

Execute a Land Lease Agreement

Once completion of setting up an FDI company by being granted the enterprise registration certificate, the investor can proceed to execute the land lease agreement with the landlord after the completion of setting up an FDI company. This agreement to which your FDI company newly setting up is a party will set out the terms and conditions of the land lease in more detail, including the rights and obligations of both parties.

Open a banking account

After your business was set up in practice, you should come to a licensed commercial bank to open a type of suitable banking account, including a direct investment capital account for the sake of transfer of your capital to the newly established FDI company and a payment account for your day-by-day business activities that are compliant with the local laws.

Apply for Industrial Zone Incentives

Industrial zones in Vietnam offer many incentives for foreign investors, including tax breaks, land use rights, and customs clearance privileges. You should apply for these incentives as part of your investment license application process. You should work with a local advisor to ensure that your application is complete and compliant with local regulations.

In conclusion, setting up an FDI company in industrial zones in Vietnam can be a complex process, but with the right approach and the help of local advisors, foreign investors can succeed in this dynamic and growing market.

For more information, please do not hesitate to reach out to us at finnnguyen@ivlf-lawyer.com hoặc www.ivlf-lawyer.com

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