Procedure related to foreigner
Procedure on transferring Enterprise’s form (in the case of transferring the form of foreign investment enterprise which was issued before 1st July, 2006)

1. Name of procedure: Procedure on transferring Enterprise’s form (in the case of transferring the form of foreign investment enterprise which was issued before 1st July, 2006)

2. Implement steps:

Step 1: Investor submit dossier at Hai Duong’s DPI

Step 2: Hai Duong’s DPI receive and check dossier

- If dossier is not satisfying requirements, Hai Duong’s DPI will guide investor to adjust and complete dossier.

- If dossier satisfies all requirements, Hai Duong’s DPI will give report to Hai Duong’s People Committee to approve and issue Investment Certificate.

Step 3: Investors pay fee at Hai Duong’s DPI then receive result at Hai Duong’s People Committee.

3. Form of implementation: Investor submit dossier at Profile’s Reception of Hai Duong’s DPI.

4. Dossier’s component:

- Transferring Enterprise’s form registration paper;

- Copy of Investment Paper, Adjusted Investment Paper, Certificate of Adjusted Investment Paper.

- Report on investor’s financial ability (written and be responsible by investor); Confirmation paper on legal capital (for the business that regulated to have legal capital)

- Draft of Enterprise’s Charter; List members of Limited Company for the company which has 2 members upward; List members of shareholders for the company that is Joint – Stock company etc.

- Legal personality documents (the valid copy of Indentity Certificate/ Passport or other legal Certificate; the copy Decision of establishment/ Business registration or other equivalent documents; authority paper accompanying with the copy of Identity Certificate/ Passport or other legal certificate of representative).

- Number of dossiers: 03 (dossiers), in which there is at least 01 original dossier.

5. Resolution period: 18 working days from the day of receiving fully valid dossiers.

6. Implement subject: Organization, private.

7. Implementation organs:

- Decision Organ: Hai Duong’s People Committee

- Implementation Organ: Hai Duong’s DPI

8. Administrative procedure result: Investment Certificate

9. Fees: 200.000 VND

10. Name of sample paper (if any):

- Index I-15: Enterprise’s form Transferring registration Paper

- Index I-8: List members of Limited Company which has 2 members upward (if the company is Limited company that has 2 members upward)

- Index I-9: List members of shareholders of Joint – Stock Company (if the company is Joint – Stock Company)

- Index I – 10: List members establishment of Collective Name Company (if the company is Collective Name Company)

11. Requirements, conditions to implement administrative procedures:

Report on the ability that investment project need to satisfy conditions regulated by the Law (for project belongs to conditional investment field regulated at Article 29 of Investment Law)

12. Legal basis to solve administrative procedures:

- Investment Law No. 59/2005/QH11 dated 29 November 2005.

- Enterprise Law No. 60/2005/QH11 dated 29 November 2005.

- Decree No. 108/2006/ND-CP dated 22 September 2006 of the Government regulated details and guided some articles of Investment Law.

- Decree No. 101/2006/ND-CP dated 21 September 2006 of the Government regulated re-registration, transferring and changing Investment Certificate of FDI enterprises according to regulation of the Enterprise and Investment Law.

- Decree No. 43/2010/ND-CP dated 15 April 2010 of the Government on enterprise registration.

- Decree No. 102/2010/ND-CP dated 01 October 2010 of the Government on guiding some article of Enterprise Law.

- Circular No. 14/2010/TT-BKH dated 04 June 2010 of Ministry of Planning and Investment on guiding some article about dossier, steps and procedures of enterprise registration according to the regulation at Decree No. 43/2010/ND-CP dated 15/04/2010 of the Government.

- Decision No. 1088/2006/QD-BKH dated 19/10/2006 of Ministry of Planning and Investment.

- Decision No. 4426//2006/QD-UBND dated 22/12/2006 of Hai Duong’s People Committee on issuing the regulation of the fees, collecting fees, managing and using fees in the local.

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