Vietnam Company Registry

Vietnamese company registration, the latest prohibited items On November 26, 2014, the Investment Law passed by the Seventh National Assembly on July 1, 2001 came into effect on July 1, 2015, in place of the significant changes in the 2005 Investment Act, in particular the prohibition of investment, conditional investment and reform investment administration Procedures. Provisions in the prohibition of investment, operating industry; conditional investment, operating industry The most important change in investment law in 2014 is the establishment of a transparent legal basis through the prohibition of investment, operating industry regulations and conditional investment, operating industry regulations, the law does not prohibit the investment industry to ensure the implementation of civil liberties, the right to operate the constitutional principles. According to the exclusion (selection) method in the 2014 investment law to collect, check and specify the conditions with the conditions of investment, operating and prohibiting the list of investment operations industry has helped to innovate the basic principles of applicable law, investors only from the law to allow only investment, Through this law does not prohibit or require the conditions must be free investment, operating all industries. Specifically, according to the Act to guide the implementation of investment law, enterprise law and commercial law to review and delete duplication of business and the prohibition of investment in industrial projects. Vietnamese company registration should pay attention to the Vietnamese Investment Law Article 6 of the proposed investment projects include: (I) the drugs listed in Appendix 1 to this Law; (Ii) the chemicals and minerals listed in Appendix 2 to this Law; (Iii) various wildlife samples listed in Appendix 1 to the Convention on the International Sale and Purchase of Wild Animals and Plants; the operation of various wild endangered animal and plant specimens of natural origin listed in Group 1 of Appendix 3 to this Law; (Iv) operating to sell the spring; (V) the sale of population, human organs and tissues; (Vi) to the human body asexual reproduction. Investment and management of conditional industrial projects According to the current law in the investigation 386 investment and operating on the basis of the conditions of the industry, the law provides the list of investment firms operating principles: Plus the abolition of the industry and investment conditions are unreasonable, unclear and heavy procedures to meet the cost of investors. Plus amendments to certain investment and operating conditions in accordance with the authority to reduce the authority of the State to confirm or approve. Formal direction to take the main measure is to publish the provisions of the standard to expect investors to achieve their own registration and management agencies can first check. Update accurate in the name and some industry systems for investment and operating conditions are more accurate and transparent reflected in this issue, to achieve the provisions of the law to avoid duplication and to facilitate the realization. 1. On the basis of the above principles, 267 industries listed in Appendix 4 to this Law 01/7/2016 The law also provides for the revision of various industry and investment conditions. Therefore, the investment and operating conditions of the industry can only be specified in the investment law, and for each industry investment and operating conditional specific conditions provided in the laws, decrees, agreed with Vietnam to participate in the international treaty provisions. As a result of the implementation of the law (July 1, 2015) from the date of entry into force, the prohibition of investment and operating industries and investment and operating conditions in the legal norms will expire to enforce. The conditions used in 267 industry investment and management conditional release Annex 2014 investment law has provisions in the agreement should continue to apply to July 1, 2016. 2. Constitution and international treaties that Vietnam is a member of the country, to consolidate and improve the system guarantee in line with investment Investment Law in 2014 to continue to maintain the system and the principle of security investment has been provided for in 2005 investment law, while improving the system and principles have been revised, supplemented as follows: Update the state to protect the ownership of investor property and in accordance with the provisions of the Constitution in the nationalization of assets of investors in the commitment to the appropriate compensation and fair. Perfecting Vietnam's commitment to guarantee equal treatment between all investors in accordance with international treaties. The effect of changing the legal norms on the unfavorable impact on investors has taken the case of investment concessions to improve the provisions of the principle of taking backwards. Therefore, in order to take the return certificate between the investors to return the investment certificate between the investors and the investors who do not belong to this procedure, the law has withdrawn from the investment preference to take the non-retroactive principle stipulated in the investment registration certificate. 3. Continue to reform administrative procedures, while in the implementation of investment programs to improve the responsibility of investors. 2014 investment law has been to understand, simple and protect the trend of national management investment strong reform of administrative procedures, important changes, supplemented by the contents include: First, for domestic investors have canceled the issuance of investment registration certificate procedures (Article 36). Second, the law has simplified the procedures, procedures and procedures, and shortened the issuance period only 15 days, rather than 45 days the longest period of registration of foreign investment certificate procedures (Article 37). With the simplification of administrative procedures, the law has added to the effect of increasing the implementation of the investment program. The following provisions have been made: to supplement the provisions of the implementation of the program obligations in the form of collateral; to supplement the import technology, equipment and mechanical quality of the investment program The provisions of the identification of the specific conditions and procedures to confirm the implementation of this program, the responsibility of investors and the district management unit to resolve the authority to improve the transfer of investment programs, lengthen the investment progress to suspend investment activities, to recover the investment registration certificate and the end of the investment program Activities. Third, in order to invest in program activities and business registration activities, cancel the issuance of investment certificates and business registration certificate to reform the establishment of foreign-funded enterprises procedures. After the issuance of the investment registration certificate, foreign investors have been allowed to set up enterprises in the business registration unit such as domestic investors. In addition, in order to take more than 51% of the above-mentioned enterprises or foreign investors with more than 51% of the enterprises holding foreign capital investors' conditions and procedures as a basis for unified investment procedures and conditions for this enterprise, the law has made clear that Of the enterprise. The rest of the situation, such as domestic investors to take investment procedures and conditions. Fourth, the enterprises that are exempted from the investment formalities according to the law, except for foreign joint ventures, the purchase of shares, the amount of shares invested in the conditions of investment and investment enterprises operating enterprises to take foreign investors, or foreign joint ventures, purchase shares, joint venture funds After the holding of more than 51% of the registered capital of enterprises, the legal side to allow foreign investors directly to change the case of foreign investors to change the situation of joint ventures, the purchase of shares, foreign joint venture capital procedures. In order to revise this procedure, the law has clearly defined the scope of investment law and securities laws in the purchase of shares, which stipulates the foreign joint venture, the purchase of shares and the mode of joint venture, and the conditions that foreign investors must abide by. 4. In order to improve the investment quality and investment to attract results, improve the investment preferential policies In order to ensure the attractiveness of the program of investment, the quality of the high-tech industry, the modern technology, the scale of the production program, the use of many employees in the rural areas of investment programs, mutual aid industrial products, investment in cultural and social aspects of the actual program (medical, Education, vocational training, culture .....) The law has improved the investment preferential industry and the use of preferential conditions, the principle of the current investment law. In view of the excessive investment in overcoming all the programs that are part of the investment preferences area, the law has provided the regional standards for the development of the mineral program and the production and operation of the goods according to the special sale of the goods. The cargo scheme is the subject of special sales tariffs. The 5. Improve the classification system for investment activities and effectively improve the national management In order to ensure the effectiveness of the national management operations, the effect is important for large, large and influential industries, regional investment programs, the law has been added authority, procedures to recognize the parliament, the government prime minister, municipality, provincial committee investment commissioned by the provisions of the parliament, the government prime minister Recognition of the authority of the program on the basis of succession, legalization and refinement of the details of the provisions and guidance on the implementation of investment laws of some of the provisions of the Parliament 2010/06/19 49/2010 / QH12 number of the relevant provisions of the Government and the Government 2006/06/22 108/2006 / NĐ-CP agreed by the provisions. For the national distribution, land leasing and conversion of land use of the program to supplement the municipalities, the provincial committee of the investment host to recognize the provisions of authority. The appeal of this content is for the municipalities, the provincial committee of the investment host to recognize the authority of the program standardization and simplification of administrative procedures. Therefore, the investment management unit handles the investment formalities and examines the conditions for the use of land demand, the allocation of land, the leasing of land, and the conversion of land use. At the same time to take the above procedures to help shorten the number of administrative procedures for the time, because investors do not follow the existing provisions of the procedures for land use. In addition, the law has been from the municipalities and municipalities to issue investment registration certificate authority to the planning and investment authority; supplement the government, the government prime minister, the municipalities, provincial and provincial and industrial areas, processing industrial zones, high-tech areas, Management of investment activities, and improve the investment reporting system, supervision and review of investment activities. 6. Reform in Vietnam for foreign investment procedures The provisions of this issue were established on the basis of some of the considerable contents of the previous investment law, while legalizing and improving the government's 2006/08/09 78/2006 / NĐ-CP number agreed on foreign investment regulations. Therefore, the law affirms that investors implement the principles of foreign investment activities in order to develop, develop and expand the market; increase the ability to export goods, services, income foreign currency; close to modern technology, improve management capacity and supplement the development of national economic energy; Foreign investment activities must comply with this law, accept the laws of the investment country and Vietnam has to participate in the international terms of the agreement; Vietnam to invest in the establishment of the company's investors from the commitment to bear the operating effect of investment activities. The law has stipulated that the investor liability in the mobilization of funds in the implementation of foreign investment activities; to determine the authority of investors, responsibility, on behalf of the state owners of the units and the decision on investment, management of foreign investment activities units; the same time, in order to establish supervision Mechanism and close management of funds transferred abroad to implement investment activities, supplement the new foreign investment activities in the provisions of the procedures. In addition, the law has been supplemented by foreign investment, such as: through the purchase, sale of securities, other valuable instruments and investment through securities investment funds, foreign intermediate financial institutions and direct participation in the management of investment activities and let the government guidance to This method establishes the legal basis of investment activities.