Set up a foreign capital company for e-commerce activities in Vietnam

Foreign investors who want to set up 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:

Legal basis

• WTO, CPTPP
• Decree No. 52/2013/ND-CP dated 16/5/2013 of the Government on e-commerce
• The Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 amending a number of Decrees related to business investment conditions under state management of the Ministry of Industry and Trade

Market access conditions for foreign investors establishing companies for e-commerce activities in Vietnam

• WTO commitments: not specified
• CPTPP: WTO commitments under NCM II-VN-36 and Sub-Annex A to Market Access obligations and Unrestricted commitments to national treatment obligations.
• Provisions of Vietnamese law: tourism promotion and promotion activities comply with regulations and conditions under Decree No. 52/2013/ND-CP dated May 16, 5, 2013 on e-commerce, Decree No. 08/2018/ND-CP dated January 15, 2018 and later amended and supplemented documents.

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

Foreign investors who are allowed to establish a company 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 acceding to international treaties that Vietnam or having separate FTAs with Vietnam

• Satisfy market access conditions in treaties to which Vietnam is a contracting party;
• Have a financial plan to carry out activities of applying for a business license;
• No more overdue tax debts in case they have been established in Vietnam for 01 year or more.

For foreign investors who do not belong to countries or territories participating in treaties to which Vietnam is a signatory, there is no separate FTA with Vietnam

• Have a financial plan to carry out activities of applying for a business license;
• No more overdue tax debts in case they have been established in Vietnam for 01 year or more.
• In addition, to be granted a Business License, investors need to meet the following criteria:
  • In accordance with specialized laws;
  • In accordance with the level of competition of domestic enterprises in the same field of operation;
  • The ability to create jobs for domestic workers;
  • The possibility and extent of contribution to the state budget.

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