Conditions for establishing a restaurant business company in Vietnam

As economic conditions develop and people’s income improves, the demand for enjoying delicious, beautiful, unique, and nutritious food increases. Therefore, the restaurant business is a very developing service industry and attracts many investors. However, to establish a restaurant business company, investors need to pay attention to the conditions for company establishment. In the article below, Viet An Law will answer investors regarding the conditions for establishing a restaurant business company in Vietnam.

What is a restaurant business?

Based on Clause 5, Article 2 of the Law on Food Safety 2010, a restaurant is one of the types of food service business establishments. A restaurant is a place specializing in selling and providing processed food and drinks served on-site to customers for profit.

Each restaurant is diverse and rich with different types of food and drinks to satisfy customer needs. Restaurant business is the process of operating equipment, from management, supervision, reception, service staff, and cashiers to the kitchen department. Each department takes on a different role and is trained according to a methodical process to meet restaurant service standards. This aims to improve service quality, bring the best experience to customers, and simultaneously bring the highest revenue and profit to the restaurant.

Market access conditions for restaurant business services

According to Vietnam’s Schedule of Specific Commitments in the WTO, for restaurant business services, Vietnam commits as follows:

• When joining the WTO, Vietnam committed to opening the market for foreign investors to access the restaurant business service market in Vietnam for sub-sectors: Food serving services (CPC 642) and Beverage serving services (CPC 643).
• Regarding the form of investment: Foreign investors can contribute capital, purchase shares, or purchase capital contributions in a restaurant business company without restrictions on the capital contribution ratio, meaning investors can contribute 100% foreign capital when establishing a restaurant business company.
• According to WTO commitments, within 8 years from the date of Vietnam’s accession to the WTO, the provision of restaurant services needed to proceed in parallel with investment in construction, upgrading, renovation, or acquisition of restaurants, after which there are no restrictions.
• To date, this condition has expired.

Thus, currently, foreign investors can establish restaurant business companies in Vietnam without facing any market access restrictions under WTO commitments. The establishment conditions applied in this case are similar to those for domestic investors.

Conditions for establishing a restaurant business company in Vietnam under Vietnamese law

Conditions for granting the Enterprise Registration Certificate

An enterprise is granted an Enterprise Registration Certificate by the competent authority when it meets the following conditions:

• The registered company name is set in accordance with the law:
  • Company name must include: Type of enterprise + Proper name.
  • The company name must not be identical or cause confusion with the name of another enterprise.
• Register business lines involving restaurant business and food services.
• Restaurant and food service business does not require a minimum charter capital level; therefore, the enterprise should consider choosing a charter capital level suitable for the business scale.
• Individuals and organizations establishing the company do not fall into cases prohibited from establishing companies.
• The legal representative must be an individual aged 18 or older, having full civil act capacity and residing legally in Vietnam.
• The company headquarters address must detail information about administrative boundaries at all levels; the company headquarters must not be located in an apartment building, collective housing, or a place without commercial business functions.
• The dossier for company establishment registration is valid.

Conditions ensuring fire prevention and fighting safety

Based on Article 23 of the Law on Fire Prevention, Fighting and Rescue 2024, restaurant business establishments need to ensure the following fire safety conditions:

• Have appropriate regulations on fire prevention, fighting, and rescue.
• Equip means and systems for fire prevention, fighting, and rescue.
• Equip fire alarm transmission devices connected to the Database system on fire prevention, fighting, rescue, and fire alarm transmission.
• Declare and update data on fire prevention, fighting, and rescue according to the roadmap.
• Implement requirements on fire prevention and fighting according to regulations.
• Have plans for fire fighting and rescue.
• Assign people to perform fire prevention, fighting, and rescue tasks.

Based on Decree 105/2025/ND-CP, depending on the total business area or volume, the restaurant owner determines whether their establishment is subject to fire prevention and fighting management or constitutes a facility with fire and explosion hazards, specifically:

• Restaurants with a total business service area of 100 m2 or more are subject to fire prevention and fighting management by the competent authority.
• Restaurants with a total floor area of 3,000 m2 or more belong to the list of facilities with fire and explosion hazards subject to fire and explosion management by the competent authority and must undergo fire prevention and fighting design appraisal.
• Restaurants with a total floor area of 300 m2 or more must purchase compulsory fire and explosion insurance.

Conditions on food safety and hygiene

Based on Clause 10, Article 5 of the Law on Food Safety 2010, acts of producing and trading food at establishments without a certificate of satisfaction of food safety conditions according to legal regulations are prohibited.

According to Clause 1, Article 11 of Decree No. 15/2018/ND-CP, food production and business establishments must have a certificate of satisfaction of food safety conditions when operating food and catering businesses. Except for restaurants trading food without a fixed location or restaurants within hotels, they will not be subject to the granting of certificates of satisfaction of food safety conditions.

To be granted the Certificate of satisfaction of food safety conditions, a restaurant business company must meet the following criteria:

• Have sufficient conditions to ensure food safety, specifically:
  • Ensure food safety for the processing area: The kitchen is arranged to ensure no cross-contamination between raw and cooked food.
  • Have enough water meeting technical standards for service.
  • Have tools for collecting and containing garbage and waste ensuring hygiene.
  • Drains in the kitchen must be unobstructed, without stagnation.
  • The restaurant must be airy, cool, sufficiently lit, maintain a clean hygiene regime, and have measures to prevent insects and harmful animals.
• Conditions ensuring food safety for processing facilities: Have separate tools and containers for raw and cooked food.
• Cooking, processing, and dining utensils must ensure safety and hygiene.
• Conditions ensuring food safety in food processing and preservation: Use food and food ingredients with clear origins and ensure safety; keep food samples.
• Food must be processed to ensure safety and hygiene.
• Food displayed for sale must be placed in glass cabinets or hygienic preservation equipment, protected from dust, rain, sun, and the intrusion of insects and harmful animals; displayed on tables or shelves higher than the ground.
• Conditions for people directly participating in food processing:
  • Health certificate of the facility owner and persons directly producing and trading food issued by a medical facility.
  • Negative stool culture result for intestinal pathogens (cholera, shigellosis, and typhoid) of persons directly producing food for areas where diarrhea epidemics are circulating as announced by the Ministry of Health.
  • Certificate of knowledge on food safety of the facility owner and persons directly producing and trading food (copy confirmed by the facility).
• Have registered food business lines when establishing the company.

Conditions for establishing a restaurant business company in Vietnam

Industry codes for registering restaurant business company establishment

Based on Decision 36/2025/QD-TTg, from November 15, 2025, when establishing an enterprise, a restaurant business company needs to register the following industry codes:

• 5610: Restaurants and mobile food service activities.
• 5621: Event catering.
• 5629: Other food service activities.
• 5630: Beverage serving activities.

In addition, the company can register other relevant industry codes such as:

• 4632: Wholesale of food products.
• 4722: Retail sale of food in specialized stores.
• 5510: Short-term accommodation activities (Hotels).
• 5520: Camping grounds, recreational vehicle parks and trailer parks (and other short-term accommodation).
• 5640: Intermediary service activities for food and beverage services.

Some licenses related to restaurant business

Environmental protection plan

Based on Decree No. 08/2022/ND-CP, depending on the production and business plan, capacity scale, frequency of wastewater, waste, and emissions generated, etc., to determine whether the restaurant is subject to registering an environmental protection plan according to regulations. Companies wishing to conduct restaurant business need to see detailed environmental criteria under Decree No. 08/2022/ND-CP.

Consumer alcohol retail license

For restaurant business companies that trade and retail alcohol, they need to apply for a consumer alcohol retail license.

Based on Decree No. 105/2017/ND-CP, amended and supplemented by Decree No. 17/2020/ND-CP, restaurants trading alcohol with an alcohol content of under 5.5 degrees and from 5.5 degrees or higher for on-site consumption will not have to carry out procedures to apply for a consumer alcohol retail license but only carry out registration procedures with the Economic Division at the commune level where the restaurant operates according to the following forms:

• For restaurants selling alcohol with an alcohol content of 5.5 degrees or higher, they shall register alcohol business according to Form No. 13 Section II issued together with Decree 17/2020/ND-CP.
• For restaurants trading alcohol with an alcohol content of under 5.5 degrees, they shall register before conducting business activities according to Form 14 Section II issued together with Decree 17/2022/ND-CP.

Other types of licenses for restaurant business

Customers wishing for advice on conditions for establishing a restaurant business company in Vietnam, please contact Viet An Law for the best support!