Procedures for establishing FDI enterprises in export processing zones

The establishment of FDI enterprises in export processing zones opens up opportunities to access tariff and non-tariff incentives and specialized production environments for foreign investors in Vietnam. In this article, Long Phan will provide detailed instructions on the process of establishing an FDI enterprise in an export processing zone. Follow along to get the latest information, contributing to increasing the success rate when implementing procedures to establish FDI enterprises in export processing zones!

Conditions for establishing FDI enterprises in export processing zones in Vietnam

To establish an FDI enterprise in an export processing zone, investors need to first meet the requirements for foreign-invested enterprises in Vietnam. Basic conditions include:

• Business lines are not on the prohibited list according to Vietnamese law.
• Meet specific conditions for each industry to ensure all necessary standards are met.

In addition to the above conditions, investors who want to establish an export processing enterprise need to meet additional specific requirements in Clause 2, Article 26 of Decree 35/2022/ND-CP, specifically:

1. Export processing zones, export processing enterprises, and industrial subdivisions for export processing enterprises are separated from the outside territory by a fence system, with gates and doors;
2. Must ensure conditions for inspection, supervision and control by customs authorities and relevant authorities according to regulations for non-tariff zones;
3. Export processing enterprises that want to enjoy investment incentives and tax policies for non-tariff zones must be certified by the competent customs authority as meeting the conditions for customs inspection and supervision according to the provisions of law. before officially going into operation. These conditions are specified in detail in Article 28a of Decree 18/2021/ND-CP.

Documents need to be prepared when establishing an FDI enterprise in an export processing zone

Establishing an FDI enterprise (foreign-invested enterprise) in an export processing zone in Vietnam requires providing documents according to legal regulations. Specifically, the following documents include:

1. Registration dossier for investment policy approval;
2. Application for investment registration certificate;
3. Registration dossier to establish an FDI enterprise.

Process for establishing FDI enterprises in export processing zones

Register for approval of investment policy

Pursuant to the provisions of Articles 30 to 36 of the Law on Investment 2020, investors need to submit an application for investment policy approval to a competent authority according to investment law. In case the investor is not subject to investment policy approval, it must carry out procedures to disclose project information that is not subject to investment policy approval.

Apply for investment registration certificate

Once the investment policy has been approved, the investor will proceed to submit an application for an Investment Certificate at the Export Processing Zone Management Board.

Establishment of FDI enterprises in export processing zones

Investors submit documents to establish a business at the Department of Planning and Investment, including:

• Investment registration certificate issued;
• Company charter;
• List of shareholders/members and related legal documents;
• Copies of legal documents of individuals and organizations contributing capital to establish FDI enterprises in industrial parks and export processing zones;
• Certified copy of Investment Certificate in industrial parks and export processing zones;
• Copy of legal documents of the legal representative;
• Power of attorney in case the representative authorizes another individual or organization to submit the application;
• Certified copies of legal documents of the individual or organization authorized to submit the application.

Documents sent to the Provincial Business Registration Office, where the export processing zone’s headquarters is located. Once approved, the business receives a Business Registration Certificate, officially recognizing its legal status.

Some post-establishment procedures

After being granted a business registration certificate, FDI enterprises need to carry out a number of post-licensing procedures to operate business such as:

1. Engrave legal entity seal for use in business activities. Enterprises no longer need to notify seal samples on the National Business Registration Portal.
2. Open a direct investment capital transfer account: Investors need to open a direct investment capital transfer account at a designated bank. According to regulations, capital contribution must be completed within 90 days from the date of receipt of the Business Registration Certificate.
3. Complete the following establishment procedures:

• Financial and tax procedures include paying license tax, declaring license tax, issuing invoices, and registering tax-related procedures,…
• Build infrastructure to comply with specific regulations on environment, labor safety, and operating conditions in export processing zones.

Services for establishing FDI enterprises in a comprehensive export processing zone in Long Phan

Scope of services we provide

Long Phan is a reliable partner for foreign investors intending to establish FDI enterprises in export processing zones in Vietnam. With comprehensive consulting and support services, Long Phan helps investors overcome complex legal and administrative challenges to quickly and effectively deploy investment activities. Below are the services that Long Phan provides:

• Consulting on investment forms suitable for investors’ business purposes;
• Providing investment policy approval services for investors;
• On behalf of the investor, carry out procedures for applying for an investment registration certificate at the Export Processing Zone Management Board;
• Consulting on conditions and procedures for establishing FDI enterprises;
• Support in drafting complete and accurate investment registration documents to establish FDI enterprises;
• Representing customers to carry out administrative procedures during the establishment process;
• Consulting on compliance with legal regulations when establishing FDI enterprises in export processing zones;
• Support in completing post-establishment procedures;
• Consulting and compliance support after establishing an FDI enterprise.

Benefits when using our services

When choosing services at Long Phan, customers will receive many outstanding benefits:

1. In-depth and accurate consultation

Long Phan provides project feasibility analysis services and detailed consulting on investment conditions, helping investors understand the business environment and make the right decisions.

2. Minimize legal risks

Long Phan helps customers complete all procedures in accordance with legal requirements, from applying for investment policy approval to business registration and post-establishment procedures.

3. Save time and costs

With the support of Long Phan, the process of establishing a business is significantly shortened and helps investors save time and quickly start business operations.

4. Professional and dedicated customer care

Long Phan is committed to quickly responding to all customer inquiries and requests, ensuring all issues are resolved promptly and accurately and providing appropriate consulting solutions and the best support, helping customers feel secure and satisfied throughout the cooperation process.

Therefore, with experience in consulting on establishing FDI enterprises in export processing zones, Long Phan is committed to supporting you in completing procedures quickly and in accordance with the law. Please contact Long Phan hotline immediately 0906735386 for detailed, quick and effective advice with optimal solutions, suitable to your needs.