(+84) 9 61 67 55 66
info@vietanlaw.vn

Conditions for establishing a foreign-invested company for e-commerce activities in Vietnam

Foreign investors who want to establish an investment company in the field of “E-commerce activities” need to meet the conditions on market access and the provisions of Vietnamese law as follows:

Conditions for establishing a foreign-invested company for e-commerce activities in Vietnam

Table of contents

Hide

    Legal basis

    • Agreement of WTO, CPTPP
    • Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government, as amended and supplemented by Decree 85/2021/ND-CP on e-commerce.
    • Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government amending a number of Decrees related to business investment conditions under the state management of the Ministry of Industry and Trade

    Market access conditions for foreign investors to establish companies for e-commerce activities

    • WTO commitments: not regulated
    • CPTPP: WTO commitments under NCM II-VN-36 and Sub-Annex A for Market Access obligations and Unlimited commitments for national treatment obligations.
    • Regulations of Vietnamese law: tourism promotion and promotion activities comply with regulations and conditions under Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, Decree No. No. 08/2018/ND-CP dated January 15, 2018 and subsequent amendments and supplements.

    Conditions for establishing a foreign-invested company for e-commerce activities

    Foreign investors who are allowed to establish companies providing e-commerce services and want to be granted a business license need to meet the following conditions:

    For foreign investors belonging to countries or territories participating in international treaties with which Vietnam or has its own FTA with Vietnam

    • Satisfy the conditions on market access in international treaties to which Vietnam is a contracting party;
    • Having a financial plan to carry out the activities requested for a business license;
    • No more overdue tax debt in case it has been established in Vietnam for 01 year or more.

    For foreign investors not belonging to countries or territories participating in international treaties to which Vietnam is a contracting party, there is no separate FTA with Vietnam.

    • Having a financial plan to carry out the activities requested for a business license;
    • No more overdue tax debt in case it has been established in Vietnam for 01 year or more.
    • In addition, to be granted a Business License, investors need to meet the following criteria:
      • Comply with the provisions of specialized laws;
      • Consistent with the level of competition of domestic enterprises in the same field of operation;
      • Ability to create jobs for domestic workers;
      • Ability and level of contribution to the state budget.

    For your further information, kindly refer to the next article: Set up foreign-invested e-commerce service company in Vietnam or Establish foreign-invested e-commerce service company in Vietnam of Viet An Law.

    Customers wishing to establish a foreign-invested company in the field of e-commerce activities, please contact Viet An Law Firm for detailed support!

    Related Acticle

    Notes when setting up a company in Italy

    Notes when setting up a company in Italy

    Italy, with its strategic location in the heart of Europe, is an attractive destination for foreign investors. Italy’s diverse economy, from the luxury fashion industry to cutting-edge technology, offers a…
    Instructions on procedures after setting up a company in Portugal

    Instructions on procedures after setting up a company in Portugal

    After completing the procedures for establishing a company in Portugal, in order to be able to officially put into operation, investors may need to carry out some post-establishment procedures that…
    Procedures for setting up a company in Spain

    Procedures for setting up a company in Spain

    Spain, with its strategic location and one of the largest economies in the European Union, has always been an attractive destination for international investors and entrepreneurs. However, to establish a…
    Types of companies that can be set up in Tanzania

    Types of companies that can be set up in Tanzania

    In the context of the constantly fluctuating global economy, investors are constantly looking for potential emerging markets. Tanzania boasts a stable political system and strategic geographical location, which is an…
    Procedures to set up a company in Portugal

    Procedures to set up a company in Portugal

    Portugal is on a promising pace of economic growth. Portugal’s strategic geographical location is not only a gateway to Europe, but also strongly connected to markets in Africa and Latin…

    CONTACT VIET AN LAW

    In Hanoi: (+84) 9 61 67 55 66
    (Zalo, Viber, Whatsapp, Wechat)

    WhatsApp Chat

    whatsapp-1

    In Hochiminh: (+84) 9 61 67 55 66
    (Zalo, Viber, Whatsapp, Wechat)

    WhatsApp Chat

    whatsapp-1

    ASSOCIATE MEMBERSHIP