Establishment of Foreign Invested Enterprise providing logistics services in Vietnam

Nội dung bài viết

Question:

Our company is a logistics company in Korea. The company want to establish a logistic company in Vietnam.

Please send me a price quotation for the service.

Answer:

  1. SCOPE OF SERVICES

Following works are proposed based on the request of Client. However, depending on the specific position/situation of Client, several work items may not be necessary. Meanwhile, other works may be required. However, any additional works shall not fall under the scope of this Legal Service Proposal, but could be provided upon request.

SCOPE OF SERVICES
1.1              Establishment of foreign invested company under joint-venture

Preparation of the application dossier:

·                                               Notifying Client with necessary information and application documents required in accordance with Vietnamese law;

·                                               Drafting application documents required for submission purpose including application, power of attorney, board resolutions in English language;

·                                               Finalizing the application documents following comments from the licensing authority; and

·                                               Translating the final version of the application documents into Vietnamese for execution.

Licensing procedures:

·                                               Submitting the application dossier on behalf of Client;

·                       Monitoring and following up with the relevant authorities on the approval process, e.g. Department of Planning and Investment, Department of Industry and Trade, Ministry of Planning and Investment; Ministry of Industry and Trade;

·                       Keeping Client updated on the developments and additional requirements (if any).

Post-licensing procedures:

·                       Making public-notice on establishment of NewCo;

·                       Obtaining Seal Sample and Certificate of Seal Sample Registration.

1.2              Preparation of Joint Venture Contract

·                       Notifying Client with necessary information;

·                       Drafting the Joint Venture Contract in English and Vietnamese language; and

·                       Finalizing the Joint Venture Contract following comments from the parties for execution.

Roadmap for carrying out above scope of work can be described in details as follows:

a) Preparing the application dossier: We shall collect necessary information and documents from you. Upon receipt of necessary information and documents from you, we shall the standard forms. The initial drafted application dossier shall be sent to you for your comments. Then, after updating the application dossier based on your comments, we shall obtain the preliminary comments from the competent authority and send the finalized application dossiers for you to sign and seal. We anticipate this phase shall be completed within from 12 working days. The prepared documents shall then be sent to you for review, signing and

b) Submission of application dossier: Within 02 working days from receipt of duly signed and sealed application dossier, we shall submit the application dossier to the competent authority.

c) Licensing Process: Within 02 months from submission of application dossier to Licensing Agency, we shall obtain the Investment Registration Certificate for Client. The process can be longer as it takes time to consult relevant Ministries such as Ministry of Traffic and Transport, Ministry of Industry and Trade, Ministry of Planning and Investment, and the Ministry of Finance. In such case, SB Law shall try its best to accelerate the licensing

d) Post licensing: Within 05 working days we shall complete the post licensing procedures.

2. PROFESSIONAL FEE

  • For setting-up a foreign invested enterprise under joint-venture, our professional fee shall be US$ 8,000 (US Dollars Eight thousand), in particular:
  • Preparation of the application documents: US$ 2,000 (US Dollars Two thousand);
  • Licensing and Post-licensing procedure: US$ 6,000 (US Dollars Six thousand);
    • For drafting Joint Venture Contract, our professional fee shall be US$ 2,000 (US Dollars Two thousand).

Note:   These professional fees are exclusive of 10% Value-Added Tax, translation works (15USD/01 A4-size page) and other costs and expenses as stated in Annex I herein.

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