Procedures for establishing a company in an industrial park from A – Z

Establishing a company in an industrial park is a strategic choice of many companies to take advantage of the industrial park. However, to establish a company in this special area, certain conditions, documents and procedures must be met. The article below will provide detailed instructions on procedures for establishing a company in an industrial park from A – Z, helping customers clearly understand the necessary steps and important notes.

What is an industrial park?

According to the provisions of Clause 16, Article 3 of the Law on Investment 2020, an Industrial Park is an area with defined geographical boundaries, specializing in the production of industrial goods and providing services for industrial production.

Conditions for establishing a business in an industrial park

Establishing a company in an industrial park must meet the following conditions:

Industry conditions: Business lines of operation for companies in industrial parks must belong to the industry group permitted by Vietnamese law and in accordance with the planning of the industrial park.

Capital conditions:

• In the case of a company in an industrial park registering a business line that does not require legal capital, the capital amount depends on the company’s charter capital.
• In case the company registers a business line that requires legal capital, the capital must be equal to or greater than the legal capital.

Conditions on the location of the company’s headquarters:

• The company’s headquarters is located in the territory of Vietnam, is the contact address of the business and is determined according to the administrative unit boundaries.
• Have a phone number, fax number and email (if any).
• Business location must be consistent with the planning of the industrial park.

Conditions on company name:

• Do not use a name that is identical or confusing to the name of a business registered in the national database of business registration nationwide.
• Do not use words or symbols that violate the historical, cultural, ethical traditions and fine customs of the nation.

Conditions for representatives: Pursuant to the provisions of Article 12 of the Law on Enterprise 2020:

• This is the person responsible for exercising the assigned rights and obligations, must have full capacity for civil acts and not fall into prohibited cases according to the provisions of law.
• The legal representative of the company in the industrial park can be the director, president, manager…
• Enterprises must ensure that there is always at least one legal representative residing in Vietnam. When there is only one legal representative residing in Vietnam, this person, when leaving Vietnam, must authorize in writing another individual residing in Vietnam to exercise the rights and obligations of the legal representative.

Procedures for establishing a company in an industrial park

File

Pursuant to Decree 01/2021/ND-CP, Law on Enterprise 2020, documents needed to prepare to establish a company in an industrial park include:

• Application for business registration;
• Company charter;
• List of members for limited liability companies with two or more members, partnerships; List of founding shareholders, list of shareholders who are foreign investors for joint stock companies;
• A valid copy of one of the personal identification documents (Citizen ID/Passport) in case the business founder is an individual; Establishment decision or Business registration certificate or other equivalent documents, one of the personal identification documents of the authorized representative and the corresponding authorization document in the case of a business founder Industry is organization;
• Valid copy of Investment Registration Certificate (if any);
• Authorization document for another individual or organization to carry out procedures to establish a company in the industrial park (if any);
• Other documents as prescribed by specialized laws (if any).

Implementation procedures

Step 1: Submit application

Submit 01 set of documents to the Business Registration Office under the Department of Planning and Investment where the company is headquartered. Applications can be submitted directly, via postal service or online via the National Business Registration Portal.

Step 2: Receive, process documents and issue Business Registration Certificate

• The Business Registration Office receives the application and gives a receipt.
• Within 03 working days from the date of receipt of valid documents, the Business Registration Office checks the validity of the documents and issues a Business Registration Certificate.
• In case the dossier is invalid, the Business Registration Office shall send a written notice of amendments and supplements to the dossier.

Step 3: Procedures after establishing a company

After being granted a Business Registration Certificate, the company must carry out a number of procedures before officially operating:

• Engrave company seal;
• Publish business registration content on the National Business Registration Portal;
• Hang signs at company headquarters;
• Buy digital signatures and invoices;
• Declare and pay license tax and carry out procedures with tax authorities;
• Contribute capital in full on time;
• Open a business bank account;
• Notify state management agencies about labor use.

Notes when establishing a company in an industrial park

In order for the company establishment process to go smoothly, customers need to pay attention to the following issues:

It is necessary to consider the geographical location, priority industries, infrastructure, and preferential policies of the industrial park to choose an industrial park that suits the needs and business goals of the company.

Learn and fully implement regulations on environmental protection of industrial parks, prepare an environmental protection project (if subject to a project).

Implement fire prevention and fighting measures according to regulations, with a certificate or confirmation from the fire prevention and fighting agency.

Carefully read the terms in the land/factory lease contract, especially the regulations on rental price, lease term, rights and obligations of the parties.

After establishing a company, it is necessary to fully fulfill the obligations of tax registration, tax declaration, and tax payment according to regulations.

The company must register social insurance for employees and fully implement policies for employees according to the provisions of law.

Comprehensive, reputable consulting and guidance services for establishing a company in an industrial park

With a team of experienced experts, Long Phan provides professional and reputable services, helping customers complete procedures for establishing companies in industrial parks quickly, effectively and cost-effectively.

Our Services include:

• Consulting on choosing the appropriate company type and business line;
• Consulting on charter capital and company organizational structure;
• Consulting on conditions for establishing a company in industrial parks;
• Drafting business registration documents;
• Consulting and guidance on applying for an investment license (if any);
• Instructions on the order and procedures for registering a company in industrial parks;
• Representing customers to carry out business registration procedures;
• Consulting, explanation guidance and additional documents (if any);
• Consulting on procedures after establishing a company;
• Consulting and answering other issues related to company establishment in industrial parks.

Establishing a company in an industrial park brings many benefits to businesses, but it also requires customers to master the regulations and follow the correct procedures. Please contact Long Phan via the hotline: 0906735386 for advice and dedicated support, helping customers establish companies in industrial parks quickly and effectively.