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

Establish foreign-invested company providing customs agent services in Vietnam

A company provding customs agent services (including customs clearance services) is a unit specializing in customs services, licensed by the customs authority, and responsible for the contents declared on customs declaration for the customer.

Establish foreign-invested company providing customs agent services in Vietnam

Table of contents

Hide

    Legal basis

    • Trade agreements: WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP;
    • Decree No. 163/2017/ND-CP dated December 30, 2017 regulating the business of logistics services.

    Conditions of market access when establishing a foreign-invested company providing customs agency services

    Regulations in the Agreements

    In the trade agreements that Vietnam is a member, it is noted:

    Customs clearance services (or “customs brokerage services”) alow establishment of joint ventures without limitation of foreign ownership.

    Accordingly, foreign investors who want to do business in customs clearance agency services (including customs clearance services) only have to establish a joint venture company with Vietnamese investors without any limitation on the rate of foreign investors in joint ventures. The simplest understanding is that foreign investors can contribute up to 99% of the company’s capital, while Vietnamese investors need only contribute 1%.

    Regulations of Vietnamses law

    In case of trading in customs clearance services belonging to maritime transport support services, they may establish an enterprise or contribute capital, purchase shares or contributed capital in an enterprise, including capital contributed by domestic investors. Foreign investors are allowed to establish a commercial presence in Vietnam in the form of a business co-operation contract.

    The condition of providing customs agency services

    • Having a enterprise registration certificate or an business registration certificate with a business line of freight forwarding services or a customs clearance agent;
    • Having agent staff to carry out customs procedures;
    • Having information technology infrastructure that satisfies the conditions for electronic customs declaration and other conditions as prescribed.

    Customs agent staff is Vietnamese citizen and fully satisfy the following conditions:

    • Having a college degree in economics, law or engineering or higher;
    • Have a certificate of professional customs declaration;
    • The customs authority shall issue a customs clearance agent staff’s identification number.

    Procedures of establishment a foreign-invested company providing customs agency services

    The establishment a foreign-invested company businessing customs agent service of foreign investors can be chose to establish it in two ways:

    • Establishing a foreign-invested company; or
    • Establishing a customs agent company, then foreign investors purchase stakes/ shares of Vietnamese companies.

    Notwithstanding limitation to the capital contribution ratio, foreign investors of customs agent services are required to establish a joint venture company. Therefore, the investor chooses the form of establishment according to the procedure of foreign investors contributing capital or purchasing shares in a Vietnamese company will have more advantages. Specifically:

    • The procedure to prove financial capacity is also simpler and easier.
    • Company establishment dossiers are simpler and more convenient;
    • Simple procedure for adjustment: When an enterprise only has an Enterprise Registration Certificate, it only has to be done when there is a change in company name, company address, owner information, etc. to carry out the same procedure as Vietnamese enterprises. However, foreign-invested companies still need to carry out the annual financial statement audit procedures.
    • Foreign-invested companies, even though their members are foreign investors, are not required to carry out procedures for issuance of Investment Certificates. When an enterprise does not have an investment certificate, the procedure will be reduced when there is a change in the enterprise registration contents with the state agency.
    • No obligation to report on project implementation, investment supervision reports, etc.;
    • No procedures to update investment information on the investment management system.
    • Cases in which foreign investors contribute capital or buying shares in Vietnamese company businessing customs agent services that already have a Certificate of Business Registration (even in the case of purchasing up to 99% of the company’s contributed capital) is not required to carry out the procedures for issuance of an Investment Registration Certificate.

    For your information about Procedures for the capital contribution to establish a foreign-invested company in Vietnam, kindly refer to this article or contact us.

    Customers demanding to establish a foreign-invested company businessing customs agent services, please contact Viet An Law Firm for the best support!

    Related Acticle

    Electronic Enterprise Registration Certificate in Hanoi: New Regulations from 2025

    Electronic Enterprise Registration Certificate in Hanoi: New Regulations from 2025

    When carrying out the procedure for enterprise establishment registration, the competent authority of business registration will issue an Enterprise Registration Certificate. Currently, alongside the paper version, many localities have implemented…
    Understanding Vietnamese Regulatory Sandboxes in Fintech

    Understanding Vietnamese Regulatory Sandboxes in Fintech

    In the field of Fintech (financial technology), the terms sandbox and peer-to-peer lending model (P2P lending) often go together, especially in countries that are developing digital financial ecosystems. In Vietnam,…
    Conditions for Travel Agency Business in Vietnam

    Conditions for Travel Agency Business in Vietnam

    In the context of the increasingly robust development of the tourism industry, travel agencies play a significant role in connecting customers with tourism services, including providing information, consulting, and organizing…
    Benefits of participating in health insurance for 5 consecutive years in Vietnam

    Benefits of participating in health insurance for 5 consecutive years in Vietnam

    When participating in health insurance (HI) continuously for 5 years, participants will enjoy higher and more special benefits when going for medical examination and treatment. So, what does 5 consecutive…
    Developing financial regulations for businesses in Vietnam

    Developing financial regulations for businesses in Vietnam

    Financial regulations play an important role for each business because they can see the company’s governance principles in terms of capital, financial regime, accounting, auditing, salary, company assets and other…

    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