9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Establishing a company with Macau capital in Vietnam presents an attractive opportunity for international investors, particularly those from Macau, to tap into Vietnam’s potential market and dynamic business environment. With Vietnam’s rapidly growing economy, favorable investment policies, and strong connectivity between the two regions, expanding business operations in Vietnam can bring significant benefits to Macau enterprises. This article introduces the procedures, benefits, and important considerations when establishing a company with Macau capital in Vietnam.
Law on Enterprises 2020;
Law on Investment 2025;
Decree No. 01/2021/ND-CP on enterprise registration;
Decree No. 31/2021/ND-CP effective from March 26, 2021.
Conditions regarding investors
Foreign investors are allowed to establish a company in Vietnam when they meet the following conditions:
Must be of legal adult age;
Have full civil act capacity;
Not subject to criminal prosecution;
Not serving a criminal sentence;
Hold nationality from a WTO member country.
Related articles:
Procedures for Foreign Investors to Withdraw Capital from FDI Enterprises
Important Considerations When Establishing a Foreign-Invested Enterprise in Vietnam
Business lines prohibited from investment in Vietnam
According to Article 6 of the Law on Investment 2020, the following business sectors are prohibited:
(1) Trading in narcotic substances specified in Appendix I of the Law on Investment 2020;
(2) Trading in chemicals and minerals specified in Appendix II of the Law on Investment 2020;
(3) Trading in specimens of wild flora and fauna originating from nature as listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); specimens of endangered, precious and rare forest plants, forest animals and aquatic species in Group I originating from nature as specified in Appendix III of the Law on Investment 2020;
(4) Prostitution business;
(5) Trading in humans, human tissues, body parts, or human embryos;
(6) Business activities related to human cloning;
(7) Trading in explosive fireworks;
(8) Debt collection services.
The production and use of products specified in items (1), (2), and (3) for purposes such as analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, and national defense and security shall comply with regulations of the Government.
Market access conditions for foreign investors
Establishing a foreign-invested company in Vietnam must comply with Vietnam’s commitments under WTO Schedule 318/WTO/CK corresponding to the scope of business activities and services.
If the investment sector falls under the list of industries with market access restrictions for foreign investors, the investor must satisfy legal requirements regarding foreign ownership ratio, investment forms, and scope of business operations before conducting business activities.
Procedures for Establishing a Company with Macau Capital in Vietnam
Step 1: Apply for the Investment Registration Certificate (IRC);
Step 2: Apply for the Enterprise Registration Certificate (ERC);
Step 3: Make the company seal;
Step 4: Open an investment capital account and contribute capital;
Step 5: After completing the capital contribution procedures, the company can commence business operations. Note that additional sub-licenses may be required for conditional business sectors.
Below are the procedures and documents required to obtain an Investment Registration Certificate and to establish a company.
Application dossier for Investment Registration Certificate
The application dossier includes:
Application for implementation of the investment project. This document outlines details such as investor information, investment objectives and scale, capital sources and mobilization plans, project location, implementation schedule, labor demand, proposed investment incentives, and evaluation of socio-economic impacts.
Documents proving the company’s head office, such as a lease agreement and notarized copies of documents related to the property ownership of the lessor, including the Land Use Right Certificate and Construction Permit. If the lessor is a company, an additional copy of its Enterprise Registration Certificate with real estate business functions must be provided.
Bank balance confirmation demonstrating funds equivalent to the intended investment capital for establishing the FDI company. This document must be legalized by consular authorities and translated into Vietnamese with notarization.
Submission authority: Department of Planning and Investment where the company’s head office is expected to be located.
Processing time: Within 15 days from receiving a complete and valid dossier, the Department of Planning and Investment will issue the Investment Registration Certificate. If the application is rejected, the authority will respond in writing and state the reasons.
Application dossier for Enterprise Registration Certificate
Application form for enterprise registration and establishment of a company with Macau investment capital.
Company Charter.
List of members or founding shareholders.
Legal identification documents such as passport, ID card, or citizen identification card; and business registration certificate if the investor is an organization (for example, if the investor from Japan is a company).
In cases where the investor cannot directly carry out the procedures, a power of attorney must be granted to TLDN Vietnam to complete the application procedures.
The process of establishing a Macau-invested company in Vietnam includes the following steps:
Step 1: Apply for the Investment Registration Certificate
Foreign investors must declare all information related to the investment project through the National Foreign Investment Information System. After completing the online declaration, the investor prepares and submits the application dossier for the Investment Registration Certificate to the Department of Planning and Investment of the province or city where the company’s head office will be located. The authority will review and issue the certificate within 15 working days if the dossier is valid. If not approved, the authority will notify the investor in writing with reasons. This process ensures transparency and legal compliance in investment licensing.
Step 2: Apply for the Enterprise Registration Certificate
After obtaining the Investment Registration Certificate, the investor prepares the dossier to apply for the Enterprise Registration Certificate at the Department of Planning and Investment where the company will operate. This procedure is similar to establishing a domestic company; however, foreign-invested enterprises may need to provide additional documents and follow specific procedures.
Step 3: Publish enterprise registration information
After receiving the Enterprise Registration Certificate, the company must publicly announce its information on the National Enterprise Registration Portal. The published information includes details stated in the certificate, business lines, and the list of founding shareholders and foreign shareholders in case of a joint-stock company. This publication must be carried out simultaneously with the registration submission, and the publication fee is VND 100,000 according to Circular 47/2019/TT-BCT.
Step 4: Company seal engraving
The company may choose between two types of seals: traditional engraved seals or electronic seals in accordance with regulations on electronic transactions. The company has the right to decide on the number, form, and content of its seals, including those used by branches, representative offices, or affiliated units. The management and use of the seal must comply with the company charter or internal regulations to ensure safety and prevent misuse.
Consulting Service for Establishing a Company with Macau Capital in Vietnam
Consulting services for establishing a company with Macau capital in Vietnam provide comprehensive support for Macau investors seeking to expand their business operations in Vietnam. The services include consulting on the appropriate company structure, assistance with enterprise registration, procedures for obtaining the Investment Registration Certificate, and advice on legal requirements regarding investment capital, company headquarters, and labor. In addition, we also provide information on investment incentives, consular legalization, and notarized translation of documents. With a team of experienced legal experts, this service helps investors easily understand legal procedures, ensure full compliance with regulations, and quickly implement their business projects in Vietnam.
To receive legal consultation regarding services for establishing a company with Macau capital in Vietnam, please contact our lawyers via the following information:
Phone: 0901 333 341
Email: info@bkclaw.vn
Office District 1: Floor 9, Diamond Plaza Building, 34 Le Duan, Sai Gon Ward, Ho Chi Minh City
Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Ho Chi Minh City
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41