Stage of preparing project investment in industrial parks

The first point of note when investors choose to invest in a project in an industrial park is to prepare a full legal dossier. 

As a general rule, the investment procedures in the industrial park are the same. However, in some specific areas with specific development orientations, industrial parks may require investors to provide more relevant documents. Learning about the necessary legal documents before investing is a prerequisite. 

Step 1: Register a business 

According to the Enterprise Law 2020, the order and procedures for enterprise registration include the following processes:

1. Prepare profiles

Depending on the type of business that wants to register, the founder of the enterprise prepares 01 set of registration documents including the corresponding papers.

For private enterprises, registration documents include:

– Copies of legal papers of individuals for private business owners.

For partnerships, registration documents include:

– Business registration request.

– Company charter.

– List of members.

– Copies of personal legal documents for members.

– A copy of the investment registration certificate for foreign investors in accordance with the Law on Investment.

For limited liability companies, the registration dossier includes:

– Business registration request.

– Company charter.

– List of members.

– Copies of the following documents:

+ Legal papers of individuals for members who are individuals and legal representatives;

+ Legal papers of organizations for members are organizations and documents to send authorized representatives. Legal documents of the individual for the representative authorized by the member who is the organization.

For members who are foreign organizations, copies of legal papers of the organization must be consular legalized

– Investment registration certificate for foreign investors in accordance with the Law on Investment.

For joint stock companies, the registration dossier includes:

– Business registration request.

– Company charter.

– List of founding shareholders; The list of shareholders is foreign investors.

– Copies of the following documents:

+ Legal papers of individuals for founding shareholders and foreign investors who are individuals and legal representatives;

+ Legal papers of organizations for shareholders are organizations and documents to send authorized representatives; legal papers of individuals for authorized representatives of founding shareholders and shareholders who are foreign investors as organizations.

For shareholders who are foreign organizations, copies of legal papers of the organization must be consular legalized;

+ Investment registration certificate for foreign investors in accordance with the Law on Investment.

2. Apply

The business establishment person or the person authorized to register the enterprise shall submit 01 set of enterprise registration dossiers to the Business Registration Authority in one of the following methods:

– Directly at the Business Registration Agency;

– Through the postal service;

– Through the electronic information network.

3. File settlement

Within 03 working days from the date of receipt of the dossier, the business registration agency shall consider the validity of the enterprise registration dossier and grant the enterprise registration; in case the dossier is not valid, the business registration agency must notify in writing the contents to be amended and supplemented to the enterprise establishment;

In case of refusal to register a business, it must notify in writing to the founder of the enterprise and clearly state the reasons.

Step 2. Procedures for registration of investment in industrial parks 

The investor should prepare the application for investment certificates of export processing enterprises:

1. Written request for implementation of investment projects;

2.Copies of ID cards or id cards or passports with individual investors;

3. Copies of business registration certificates or documents equivalent to investors who are organizations;

4.Investment proposal;

5.A copy of the latest 02-year financial statements or other documents proving the financial capacity of the investor;

6. Proposing land use needs or copies of land lease agreements;

7. Explanation of the use of technology;

8.BCC contract (if any).

Step 3. Signing a contract on land lease principles 

After having sought for yourself an investment location that suits your investment requirements, depending on the Policy of each industrial park, this process may be different. However, in general, industrial parks will require investors to make a deposit corresponding to the amount of 10% to 15% of the value of the land lease contract that the parties will sign to ensure the investor’s preferred lease rights. 

The deposit step is also a stepping stone for investors to have time to prepare for themselves specific and detailed documents, documents and plans to apply for investment licenses in Vietnam. 

In parallel with the deposit activities, the parties will agree and clarify with each other the contents and terms of rent, rights and obligations of the parties and other contents related to the land lease contract. Signing a contract in principle of land lease in an industrial park or a deposit contract, with the full contents similar to an official land lease contract. These contents will be forwarded to the content of the official land lease agreement when the parties ensure the conditions for signing the land lease agreement as agreed.

Conclude

Above is the entire process of preparing for investment in the industrial park. However, if you do not have experience in processing documents, the time will be prolonged, affecting the progress of the project. Contact GMP Groups for guidance and assistance during the preparation process.

For more information, please contact:

GMP Groups Joint Stock Company

Head office: Lot LK20.8, Ecoriver Eco-Investor, Hai Tan Ward, Hai Duong City, Hai Duong Province

Hotline: 0945.255.457

Website: gmpgroups.com.vn

Email: info@gmpgroups.com.vn