Establish company in Vietnam for e-commerce sales website business

Nowadays, the trend of online shopping has gradually become popular. An enterprise can completely create and use its own website as a “store” for customers to find and buy its products without having to invest much in tangible display facilities. According to the provisions of Clause 1, Article 25 of Decree No. 52/2013/ND-CP, êstablish company in Vietnam for e-commerce sales website business by traders, organizations and individuals to serve trade promotional activities, sell its goods or provide its services. This form of operation eliminates many intermediary costs and lowers product costs, so the competitiveness of enterprises will be higher. However, e-commerce activities are a conditional business line, which is listed in Law No. 03/2016/QH14, so in order to come into operation, enterprises must satisfy conditions regulated in specializes laws.

Step 1: Establish an enterprise

Dossier for enterprise establishment includes:

• A request application for business registration;
• Company’s charter;
• List of members of a limited liability company or a list of shareholders of a joint-stock company;
• A notarized copy of valid ID card or passport of individual member/ shareholder being an individual; a notarized copy of the Enterprise Registration Certificate of the member/ shareholder being an organization; a notarized copy of the valid ID card or passport of the legal representative of that organization;
• Power of attorney for Viet An Law Firm;
• Some other documents (in case of need).

Place of application: Department of Planning and Investment where the enterprise’s head office is located.

Timeline: 03 – 06 working days.

Result: Enterprise Registration Certificate.

Step 2: Announce the content of the business registration information

Information on business registration must be publicly announced on the National Business Registration Portal within 30 days from the date of issuance of the Enterprise Registration Certificate. The published content includes information recorded on the Enterprise Registration Certificate.

Step 3: Engrave the seal and announce the seal sample

Enterprises can authorize Viet An Law Firm or engrave their own seal and notify the use of the seal sample to the Department of Planning and Investment. Enterprises can decide by themselves the form, quantity and content of seals but must show the name and enterprise code number.

After receiving the notice of the seal sample, the Business Registration Office hands over the receipt to the enterprise, publishes the enterprise’s notice on the National Business Registration Portal and issues a notice on the publication of information about the enterprise’s seal sample for the enterprise.

Step 4: Notice on setting up a sales e-commerce website

Perform it online at the website of the e-commerce Management Portal: www.online.gov.vn.

Notification process:

Login: Traders, organizations and individuals register for an account to log into the system by providing the following information: Name of the trader, organization or individual; The business registration number of the trader or the establishment decision number of the organization or the personal tax identification number of the individual; Sector of business/activity; Address of the head office of the trader, organization or permanent address of the individual; Contact information.

If the account registration information is complete, traders, organizations and individuals will be granted an account to log into the system.

If the account registration is denied or additional requirements are required, traders, organizations and individuals must re-register or supplement information as required.

Declaration and confirmation: After being granted an account to log into the system, enterprises will log in and declare information according to the form.

Within 03 working days, the Ministry of Industry and Trade will respond to confirm whether the declared information is complete and valid. If not, enterprise will be request amendments and supplements.

Within 03 working days from the date of receive of a complete and valid dossier, the Ministry of Industry and Trade will confirm the notice by sending a code to the registrant’s email box to attach to the sales e-commerce website, represented as the announced icon. When choosing this icon, the user is directed to the corresponding notification information of traders, organizations and individuals at the e-commerce Management Portal.

Clients wishing to establish company in Vietnam for e-commerce sales website business or consult on legal regulations and procedures related to enterprise and investment, please contact Viet An Law Firm for more details!