Nowaday, along with the development of the internet and mobile devices, consumers are increasingly prioritizing transaction through e-commerce. Vietnam’s e-commerce industry is experiencing stable growth. A series of e-commerce websites have been established to strengthen the expansion of goods and services of delivery, receipt, and payment. Viet An Law would like to send to customers who intend to establish a company operating in the field of e-commerce some legal opinions related to the procedures to be followed to be able to come into operation.
Table of contents
After obtaining the Investment Registration Certificate of e-commerce services in Vietnam by satisfying all Conditions for establishing a foreign-invested company for e-commerce activities in Vietnam, foreign will continue to follow these below steps.
To establish a company, you need to provide Viet An Law with the following information:
Based on business needs and management, Viet An Law will conduct information consultation on types of businesses and look up names for free for customers to avoid the case of the same name, causing confusion with the previously registered business name.
The charter capital which is the basis for applying the license tax rate is prescribed as follows:
|Tax level||Registered charter capital||Tax rate/year|
|Level 1||Over 10 billion VND||3,000,000 VND|
|Level 2||From 10 billion VND or less||2,000,000 VND|
|Level 3||Branches, representative offices, business locations, non-business units, other economic organizations||1,000,000 VND|
In case, the company is established within the last 6 months of the year, 50% of the license fee for the whole year must be paid.
Viet An Law Firm will advise customers on business lines in accordance with the operational needs of the business and code the industry in accordance with the law. Here are some industry codes related to the field of e-commerce, customers can refer to:
|No.||Industry name||Industry code|
|1.||Retail sale via mail order houses or via Internet.
Details: E-commerce trading floor service
Article 35 of Decree 52/2013/ND-CP regulating e-commerce
|2.||Other information technology and computer service activities.||6209|
|3.||Other information service activities not elsewhere classified. Detail:
– Telephone information services;
– Information retrieval services on a contract or fee basis;
|4.||Web portal. Detail:
– Portal (excluding press activities)
– Setting up a general website;
– Set up social networks;
Article 6, 27 of Decree 72/2013/ND-CP on management, provision and use of internet services and online information
|6.||Market research and public opinion polling||7320|
|7.||Activities of call centres||8220|
|8.||Organization of conventions and trade shows||8230|
|9.||Other amusement and recreation activities not classified elsewhere.
Details: Providing online video game services
Article 34 of Decree 72/2013/ND-CP on management, provision and use of internet services and information on the network
Immediately after receiving the above information from customers, Viet An Law will proceed to draft documents and then hand them over to customers for signature.
Company profile includes:
After receiving the application with the full signature of the customer, Viet An will submit an application for the Enterprise Registration Certificate and follow up the application until receiving the results.
For your further information, kind refer to the article Things enterprises have to do after establishing in Vietnam of Viet An Law.
Members/shareholders must contribute capital fully and on time within 90 days from the date of issuance of business registration.
There are two (2) types of e-commerce website as regulated in two regimes of Vietnamese law as belows:
Traders, organizations and individuals may set up sales e-commerce websites if they satisfy the following conditions:
For your further information, kind refer to the article Conditions for setting up a sales e-commerce website in Vietnam of Viet An Law.
Traders and organizations may set up websites to provide e-commerce services when fully meeting the following conditions:
For your further information, kind refer to the article License of registration for setting up e-commerce service provision websites in Vietnam of Viet An Law.
Services of Viet An law firm on setting up an e-commerce company
Viet An Law Firm provides legal services related to foreign investment. Customers with requirements or questions, please contact us directly for advice and timely support.
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