Vietnam has been a foreigner investors’ destination, judged by the World Bank, because the predicted development growth will be 12% per year from now to 2020 time and the export-import turnover will reach 623 billion dollars in 2020. the need of improving Logistics is accompanied by this extraordinary growth, with the effort of qualifying economic development and maximize manufacturing enterprises’ benefits. As a consequence, the demand of establishing Logistics company in Vietnam has been spiking recently, this is deemed to both domestic and foreigner investors. To offer crucial information regarding protocol of initiating a business organization operating Logistics, Viet An Law Firm would like to provide clients conditions as well as procedure so that investors can legally doing business in Vietnam.
It is considered to be reasonable that establishing Logistics domestic-invested company shall be much more simple than establishing foreign-invested company. If domestic investors institute a company with 100% domestic capital, aside executing establishing procedure pursuant to Law on Enterprise 2014 and Decree No.78/2015/ND-CP, investors are requested to be granted Business License for some of Logistics service at the state-authorized agencies, depending on services offered such as: Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, …
Those establishing steps consists of:
Step 1: Submitting dossier of establishing enterprise, following Department of Plan and Investment’s forms;
The dossier comprises:
Step 2: Notifying establishment information (the content of Certificate of Business organization and information of business lines.)
After issued Certificate of Business organization, company has to publically announce in National Business Registration Portal.
Step 3: Creating company seal and notifying company’s seal
Within 01 day, from Certificate of Business organization is granted to company. Viet An shall create new company’s seal and notify seal sample to Business Registration Department.
After being established, company needs to apply for Business License for some Logistics conditional business lines. Consequently, it depends on which Logistics line that company has decided, company is required to satisfy specific conditions of that line, which is publicly announced in National Business organization, in conditional business lines.
Step 1: Investors enumerate project’s information on National Investment Information Portal. Within 15 days from the date enumerating online, investors submit dossier to Investment registration agency.
The investment application dossier consists of:
Step 2: After receiving the dossier, Investment registration agency shall provide investors with an account accessed to National Foreign Investment Information Portal so as to supervise the proceeding progress.
Step 3: Investment registration agency shall use National Foreign Investment Information Portal to receive, proceed, respond dossier’s result, update the proceeding progress and issue the project’s code.
Within 35 days from the date investment registration agency receives the dossier, investors shall be granted Certificate of Investment registration and afterwards investors commence to establish business organization, following the above steps.
It is resemble with 100% domestic-invested company that foreign-invested company needs to apply for Business License for some lines belonging to Logistics service. There is, nonetheless, dissimilarity of requirements between domestic-invested companies and foreign-invested companies in some certain lines, which are regulated in specific legal documents.
Notice: As for Logistics service for which Vietnam has committed to open its market as specified in international treaties to which Vietnam is a signatory, foreign-invested company shall not be required Business License such as maritime transport service, container handling service – maritime auxiliary services,…
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