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Conditional Investments that need a sublicense in Vietnam

Before starting a business, Investors not only do research on the market, input and output for their products/services, human recources…but also learn about the provinsions of law that regulate their business lines. In particular, the conditional investments are so important that the investors must focus on them. These business lines need to meet other specific conditions for security, national defense, social order, social morality and public health. Therefore, the procedures for implementing these business lines are more severe than those of ordinary business lines, but are not prohibited by law. The following article refers to regulations on just the list of conditional business lines that need a sublincense in the Investment Law 2014, Enterprise Law 2014 and other relevant laws.

Lists of Conditional Investments that require a sublicense:

No.Business LinesSublicenseAuthority body
1International travel serviceInternational travel business licensesDepartment of Tourism
2Hotel servicesClassification of tourist accommodation establishmentsDepartment of Culture – Sports
3Printing servicesLicensing of printing activitiesDepartment of Information and Communications
4Real estate trading: for rentFire protection & fire safety licenceFire and rescue police
Real estate trading: for rentCertificates of sastisfaction of security and order conditionsDistrict Police station
5Security servicesCertificates of sastisfaction of security and order conditionsCity Police station
6Real estate trading floorsAnnoucement of operting real estate trading floorsDepartment of Construction
7Manufacture of bottled waterCertificate of food safety conditionsDepartment of Health
Manufacture of bottled waterCertificate of qualityDepartment of Health
8Manufacture of foodsCertificate of food safety conditionsDepartment of Health
Manufacture of foodsCertificate of qualityDepartment of Health
9Restaurant, food store and coffee shopCertificate of food safety conditionsDepartment of Health
RestaurantFire protection & fire safety licenceDistrict police station
10Foreign Languague/Infomatics Technology teaching centrePermits for operation of Languague/Infomatics Technology teaching centreDepartment of Education and Training
11Trading in veterinary medicinesQualified certificate of trading in veterinary medicinesBranch  of Department of Animal Health
12Manufacture of veterinary medicinesCertificate of eligibility for producing veterinary drugsDepartment of Animal Health
13Nusery schoolLicense of preschool education establishment.Department of Education and Training
14Cosmetics productionCertificate of Free SaleDepartment of Health
15Industry that have significant effects on the environment or potentially have seriously affect the environment: using scrap, waste…Commitment to environment protectionOr

Environmental Protection Project

District People’s Committee
16General consultation clinicsCertificates of medical clinicsDepartment of Health
Specialized consultation clinicsCertificates of medical clinicsDepartment of Health
Traditional medicine consultation and therapy clinicsCertificates of medical clinicsDepartment of Health
17Import of foodsProduct specification certificatesMinistry of Health
18Import of medical equipmentMedical equipment import Permit (valid for 01 year)Ministry of Health
19Advertising supplement diatery, cosmetics, medicines (which are allowed by law),Advertising PermitDepartment of Health
20Vocational TraningCertificates of vocational training quality testing standards (valid for 05 years)Department of Labour, War Invalidsand Social Affairs
21Wine tradingWine retail licenseDepartment of  Industry and Trade
Wine wholesale licenseMinistry of of  Industry and Trade
Wine productionProduce Wine licenseMinistry of of  Industry and Trade
Small-scale production of wine for saleProduce wine for further processing licenseDistrict People’s Committee
22Produce filmLicense of eligibility for trading in film productionCinema Department
23Multi-level selling of goodsRegistration papers for multi-level sale of goodsDepartment of  Industry and Trade
24Information and establishment of websites on Internet. (ICP)Permits for the provision of information and operation of websites on Internet.Department of Information and Communications
25Trade in chemicalsPermit for trading in chemicalsDepartment of  Industry and Trade
26Conducting commercial transportation by carLicense of commercial transportation by car.Department of Transport
27Sales promotion activitiesPermits of Sales promotion activitiesDepartment of  Industry and Trade
28Establish overseas branches and representative offices by enterprisesCertificate of Establishment of overseas branches and representative officesDepartment of  Industry and Trade
29Labour Export ServicesGuest worker service provision licensesMinistry of Labour, War Invalidsand Social Affairs

Notes:

Since July 2016, the issuance of new decrees has eliminated more than 3,000 industries requiring sublicenses, typically in the field of study abroad consulting, contributing to create more favorable conditions for the association of some businesses. However, in practice, businesses still face many difficulties with their sublicenses such as:

– The enterprise does not have accurate and complete understanding of the conditions for obtaining a sublicense and the procedure for applying for a sublicense. Because these regulations and procedures are regulated in different legal documents such as Laws, Decrees, Circulars or Official Dispatches, enterprises will encounter difficulties in obtaining information.

– There are procedures prescribed by law but no specific guidelines, leading to delays for enterprises when carrying out these procedures. In addition, it is inevitable that the change in procedure resulting from the promulgation of the new law. During the time when the new law comes into effect, enterprises will find it hard to apply for a sublicense for their business line and they have to wait until there is specific guideline from the authorities.

– Requirements of business conditions of some sectors are quite strict, leading to the business can not meet all requirements such as: human resources, labor qualifications, facilities, financial sources, capacity. For example, in the industry of sending Vietnamese people abroad to work (“labor export”), enterprises need legal capital of 05 billion Viet Nam Dong plus deposit 01 billion Viet Nam Dong and other regulations on personnel…

From the above mentioned difficulties, enterprises should contact law firms or lawyers for better advice on procedures as well as documents to be prepared, which help to save a lot more time.

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