Establishment of executive offices of foreign investors in business cooperation contracts (BCC)

13/12/2018

The order of execution

- Step 1: Foreign investors in the BCC contract apply for establishment of an executive office at the public administrative center to transfer to the Department of Planning and Investment where the executive office is expected to be located.

- Step 2: The Department of Planning and Investment grants the operating office registration certificate to foreign investors under the BCC contract.

Performance

Directly at Public Administration Agency (PAA)

Composition, number of records

- Document of registration of establishing executive office including name and address of representative office in Vietnam (if any) of foreign investors in BCC contract; name and address of the executive office; content, duration, scope of operation of the executive office; full name, residence, identity card, ID card or passport of the head of the executive office;

- Decision of the foreign investor under the BCC contract on establishing an executive office;

- A copy of the decision to appoint the head of the executive office;

- Copy of BCC contract.

Number of records

01 set of records

Processing time limit

Within 15 days from the date of receiving the application. In which, the reception time at the PAA is 0.5 (half) days

Objects of implementing administrative procedures

- Foreign investors (individuals and organizations);

- Foreign-invested economic organizations.

Implementing administrative procedure agency

The Department of Planning and Investment where the investment project is implemented

Administrative procedure result

Operation office registration certificate according to Form II.6 issued together with Circular No. 16/2015 / TT-BKHĐT.

Fee, charge

No

Requirements and conditions for implementing procedures

- Foreign investor;

- Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law, falling into the following cases:

+ Having a foreign investor holding 51% or more of the charter capital or having a majority of partners being foreign individuals for economic organizations being partnerships;

+ Having an economic organization defined at Point a of this Clause holding 51% or more of its charter capital;

+ Having foreign investors and economic organizations defined at Point a of this Clause holding 51% or more of their charter capital.

Name of application form, declaration form

Document of registration of operating office establishment according to Form I.5 issued together with Circular No. 16/2015 / TT-BKHĐT

Legal basis of administrative procedures

- Investment Law No. 67/2014/QH13 dated on November 26, 2014;

- Decree No. 118/2015 /NĐ-CP on November 12, 2015;

- Circular No. 16/2015 / TT-BKHĐT on November 18, 2015.

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