Guide to establish a factory in Vietnam

Currently, the demand for investment and setting up a factory in Vietnam is huge. However, not all investors are fully aware of the regulations and the process of setting up a Factory in Vietnam in accordance with the laws. In order to answer specific questions of investors, IIP VIETNAM presents in detail the order of setting up a factory in Vietnam.

Step 1: The investor searches for the location where the factory is located.

Investors look for the location where the plant is to be located. Locations of factories may be located inside or outside industrial parks, export processing zones, hi-tech parks, or economic zones. The location for constructing a factory depends on the scale, nature and characteristics of the investor's production activities. Investors can choose one of the following options to be allowed to place the factory at the desired location.

1. Rent facilities – factories that have been built from infrastructure leasing companies licensed in Vietnam. This option is suitable for investors wishing to rent land less than 8 hectares to build the factory.

2. Rent land in industrial zones, export processing zones or high-tech zones. This option is suitable for investors who need to lease land with the lease term of 40-50 years and the land lease area of ​​over 8 hectares or more. In case the investor wants to enjoy specific regulations for export processing enterprises, the factory location must be located in an industrial park or export processing zone.

3. Rent land directly from the Government. This option is suitable for investors who have plans to lease land for 40-50 years or more and have large land lease areas. The drawback of this option is that Customers can spend a lot of time and cost to get approval on land use plans and plans as well as land clearance plans (in case the land has not been rented yet). ground clearance).

In case the above-mentioned company intends to set up a factory outside an industrial park, export processing zone, hi-tech park, economic zone, etc., the investor must contact the Department of Natural Resources and Environment for an introduction of the project location. In case a specific location is found outside industrial parks, export processing zones, high-tech zones, etc. (for example, sub-leasing premises, factories of other enterprises ...), the above company needs to work with Department of Natural Resources and Environment of the Province to find out if the proposed location is suitable for land use planning.

Step 2: Investors apply for the Investment Registration Certificate

After the investors have found a suitable factory location, they have agreed or accepted the principle of the project location. The investor will have to submit an investment registration document to the Management Board of Industrial Zones, Export Processing Zones, High-Tech Zones or Department of Planning and Investment of the province or city depending on each specific case.

+ For investment projects subject to an investment policy decision, investment registration agencies shall grant investment registration certificates to investors within 5 working days after receiving written decisions.

+ For investment projects not subject to an investment policy decision, investors shall carry out the procedures for grant of investment registration certificates according to the following provisions:

The investor submits the prescribed file to the investment registration agency;
Within 15 days after receiving a complete dossier, the investment registration agency shall grant an investment registration certificate; In case of refusal, the investor must notify in writing the investor and clearly state the reason.
(Prescribed in the 2014 Investment Law and Decree 118/2015 / ND-CP)

Step 3: Registration of business establishment.

After possessing an investment certificate for the project, the investor must conduct business registration procedures.
(1) Submit an application for enterprise registration certificate.
(2) Publish business registration information
(3) Carve seal of the enterprise
(4) Notify seal sample to the business registration authority
(5) Notice of application of tax calculation method

(6) Open bank account, register 08 bank account forms with tax authorities, register for electronic tax payment

(7) Register digital signatures for electronic tax payment

(8) Print and order prints bill

+ In addition, before the factory is officially put into operation, the enterprise will have to complete the application for other licenses if the field and production of the investor must meet the provisions of law.

For example:

Certification of satisfaction of fire prevention and fighting conditions;
Approving environmental protection scheme.

According to current regulations, the time to complete the establishment of an enterprise is 05 days from the date of submitting a complete application to the competent authority. (Prescribed in the Enterprise Law 2014 and Decree 96/2015 / ND-CP)

Step 4: Applying for a construction permit and building the factory.
Based on each specific case to consider whether the investor's factory needs to apply for a construction permit. After meeting all the conditions prescribed by the law, it will proceed to build the factory. (Prescribed in Construction Law 2018 and Circular 15/2016 / TT-BXD)

+ In addition, before putting the factory into operation, businesses will have to complete the application for other permits if the field, the production of investors must meet the provisions of law.
For example:
Certification of satisfaction of fire prevention and fighting conditions;

Approving environmental protection scheme;

For further information, please call Hotline: 1900888858 or Email: info@iipvietnam.com.

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