Information technology and computer related service have played an
extremely important role in life as well as in business activities on global
scale. The industrial revolution 4.0 has comprised of many technologies
and IT and computer service take a big part of such. The laws of Vietnam
and the international commitments to which Vietnam is a party have no
restrictions on foreign investors in terms of both the form of investment and
the proportion of capital contribution in business in this field. Further,
Vietnam prioritizes and encourages development in the field of IT and computer
services which is considered attracting high level of intelligence and green
business. The investors have grown confidence in Vietnam’s increasingly
improved legal systems to protect the Intellectual Property rights in trademark and copyright to protect the company and individuals to
exploit economic benefits in IT and computer related service areas.
IT is the core foundation of smart city, intelligent transport
system, intelligent education. Computer services and related services
include: consulting services related to computer hardware installation,
software implementation services, data processing services, database services,
services maintenance and maintenance of office machinery and equipment,
including computers and other computer services.
Under Vietnam’s WTO commitments, foreign investors are allowed to
set up 100% foreign-invested enterprises to conduct business in IT and computer services and related services.
At the same time, it is allowed for computer service business enterprises to
set up branches when there is a need to generate additional business activities
at locations outside the head office of the enterprise.
To establish an enterprise with 100% foreign invested capital,
investors need to apply for an Investment Registration Certificate in
accordance with the Law on Investment 2014 and an Enterprise Registration
Certificate in accordance with the Law on Enterprise 2014.
A dossier of application for an Investment Registration Certificate
comprises: a written request for implementation of an investment project; copy
of identity card, citizen identity card or passport for individual investor and
copy of establishment certificate or equivalent document certifying legal
status for institutional investor; investment project proposal; copies of the
latest 2-year financial statements or commitment of financial support of the
parent company or financial institution or guarantee of investor’s financial
capacity or documents explaining the financial capacity of the house invest; a
copy of the location lease agreement or other documents certifying that the
investor has the right to use the project location. If the project uses
technologies on the list of technologies restricted from transfer, the
explanation of the use of technologies must be submitted. Within 15 days from
the date of receiving the complete and valid file, the Department of Planning
and Investment will issue the Investment Registration Certificate to the
foreign investor.
An Enterprise Registration Certificate dossier comprises: an
application for enterprise registration; enterprise’s regulations; a list of
members of a limited liability company with two or more members or a list of
general partners; a notarized copy of identity card or valid passport of
individual member; a notarized copy of the Enterprise Registration Certificate
of the organization’s member; a notarized copy of valid identity card or
passport of the organization’s legal representative; copy of Investment Registration
Certificate. After 03 working days from the date of receiving a complete and
valid dossier, the Department of Planning and Investment will issue an
Enterprise Registration Certificate.
For the establishment of a branch, a dependent unit of the enterprise,
tasked to perform all or a part of the functions of the enterprise, including
an authorized representative function, business lines of a branch must be
consistent with the business line of the enterprise. When registering a branch
operation, the enterprise must send a notice of setting up the branch to the
Business Registration Office where the branch is located. A dossier of
establishment of a branch comprises of a notice of establishment of a branch;
branch establishment decisions; decisions to appoint branch heads; minutes of
meeting of establishment of branch; copy of the Business Registration
Certificate; copy of identity card or Passport of the head of branch. Within 3
working days after receiving a valid dossier, the Enterprise Registration Office
shall grant a branch operation registration certificate.
The investors should pay attention to legal compliance since
incorporation and during the operation in accordance with the law. ANT
Lawyers with offices in Hanoi, HCMC and Da Nang will be helping the clients to
ensure the efficient operation from legal perspective.
0 nhận xét:
Đăng nhận xét