Set up genetically modified product business company in Vietnam

In the context of increasing demand for safe, nutritious, and sustainable food, genetically modified products (GMOs) are becoming a prominent trend in the modern agriculture-food industry. Genetically modified foods are created from seeds with DNA structures adjusted by biotechnology, helping crops grow faster, resist pests better, tolerate drought well, and improve nutritional value.

With advantages in productivity and production costs, this is a business field full of potential but also requires enterprises to strictly comply with regulations on biosafety, labeling, and quality control. Therefore, the activity to set up a genetically modified product business company needs to be carried out carefully and in accordance with legal regulations to ensure stable and sustainable operations.

In the article below, Viet An Law will provide necessary information on how to set up a genetically modified product business company for customers’ reference.

Legal basis to set up a genetically modified product business company

• Decree No. 69/2010/ND-CP regulating biosafety for genetically modified organisms, genetic specimens, and products of genetically modified organisms.
• Decree No. 108/2011/ND-CP amending and supplementing a number of articles of Decree No. 69/2010/ND-CP dated June 21, 2010 of the Government on biosafety for genetically modified organisms, genetic specimens, and products of genetically modified organisms.
• Decree No. 123/2018/ND-CP, Decree regulating investment and business conditions in the agricultural sector.

Specific conditions for genetically modified food business activities

Specific conditions for genetically modified food business activities

Conditions for testing genetically modified organisms

• Genetically modified organisms when used for release, including intentional raising, planting, and releasing into the environment, must be tested.
• Testing of genetically modified organisms must be performed step by step, from confined testing to field testing (large-scale testing).
• The testing area must be far from conservation areas and densely populated areas according to regulations.
• Confined testing is performed under isolation conditions according to regulations.
• Field testing is deployed in ecological zones, does not need to be isolated but must have appropriate management and supervision measures.
• When detecting that genetically modified organisms cause uncontrollable risks to the environment, biodiversity, human health, and livestock, the organization or individual granted the Testing License and the testing establishment must terminate the testing of genetically modified organisms and apply emergency measures to handle risks, and simultaneously destroy the genetically modified organisms.

Conditions for production and trading of genetically modified organisms used for release

In addition to complying with legal regulations on production and trading, organizations and individuals producing and trading genetically modified organisms for intentional release (raising, planting, releasing) into the environment must ensure that the genetically modified organisms have been granted a Biosafety Certificate or are listed in the List of genetically modified organisms granted a Biosafety Certificate, except for cases prescribed in Article 24 of Decree 69/2010/ND-CP.

Conditions for production and trading of genetically modified organisms and products of genetically modified organisms used as food

In addition to complying with legal regulations on food production and trading, organizations and individuals producing and trading genetically modified organisms and products of genetically modified organisms used as food must ensure:

• The genetically modified organism has been granted a Certificate of eligibility for use as food or is listed in the List of genetically modified organisms granted a Certificate of eligibility for use as food;
• Products of genetically modified organisms where such genetically modified organism has been granted a Certificate of eligibility for use as food or is listed in the List of genetically modified organisms granted a Certificate of eligibility for use as food, except for cases prescribed in Article 29 of Decree 69/2010/ND-CP.

Conditions for production and trading of genetically modified organisms and products of genetically modified organisms used as animal feed

In addition to complying with legal regulations on animal feed production and trading, organizations and individuals producing and trading genetically modified organisms and products of genetically modified organisms used as animal feed must ensure:

• The genetically modified organism has been granted a Certificate of eligibility for use as animal feed or is listed in the List of genetically modified organisms granted a Certificate of eligibility for use as animal feed;
• Products of genetically modified organisms where such genetically modified organism has been granted a Certificate of eligibility for use as animal feed or is listed in the List of genetically modified organisms granted a Certificate of eligibility for use as animal feed, except for cases prescribed in Article 34 of Decree 69/2010/ND-CP.

Conditions for importing genetically modified organisms and products of genetically modified organisms

• Genetically modified organisms and products of genetically modified organisms imported into Vietnam for research purposes must belong to scientific research and technology development topics or projects approved by competent authorities and permitted for import in writing.
• Genetically modified organisms imported into Vietnam for testing purposes must have a Permit for testing genetically modified organisms.
• Genetically modified organisms and products of genetically modified organisms imported into Vietnam for release purposes must meet the conditions prescribed in Article 37 of this Decree.
• Genetically modified organisms and products of genetically modified organisms imported into Vietnam for the purpose of use as food, animal feed, or processing into food or animal feed must meet the conditions prescribed in Article 38 and Article 39 of Decree 69/2010/ND-CP.

Procedure to set up genetically modified product business company

Company set up process

Step 1: Prepare company set up dossier

According to the information provided by the Customer, Viet An Law Firm advises on related legal issues and drafts the company establishment dossier to send to the Customer within 01 working day from the date of receiving sufficient information from the customer.

Step 2: Submit company set up dossier and pay enterprise information publication fee

After preparing the full dossier in step 1, Viet An Law Firm proceeds to submit the dossier for the Enterprise Registration Certificate via the National Enterprise Registration Portal.

Step 3: Receive Enterprise Registration Certificate

After 03 working days, the Customer will receive the Enterprise Registration Certificate. Note: Currently, in Ho Chi Minh City and Hanoi, the Enterprise Registration Certificate is returned 100% online.

Note on taxes and invoices for retail business from July 1, 2025

From July 1, 2025, newly established enterprises in the fields of retail, catering, hotels, passenger transport, and entertainment services will be required to use electronic invoices generated from cash registers connected directly to tax authorities (according to Decree 70/2025/ND-CP).

This regulation applies to:

• Enterprises with annual revenue of 1 billion VND or more, except for agriculture and fishery sectors;
• Enterprises paying tax by declaration method, regardless of revenue.

New electronic invoices must record the personal identification number of the legal representative instead of the tax code and ensure sufficient information about goods, services, and the managing tax authority.

Retail enterprises need to note:

• Register for tax and electronic invoices via the General Department of Taxation Portal (https://hoadondientu.gdt.gov.vn) before operating, accompanied by a dossier including business registration certificate, invoice registration form, and personal identification information.
• Equip cash registers, connect to the Internet, and use electronic identification accounts to perform tax transactions, replacing accounts on the National Public Service Portal.
• Check business lines and expected revenue to determine mandatory coverage; if trading in multiple industries, contact the Tax Department for specific instructions.
• Comply with new VAT regulations:
  • Transactions of 5 million VND or more must have non-cash payment vouchers to be eligible for VAT deduction.
  • Some items are no longer exempt from VAT (such as fertilizers, agricultural machinery).
  • Enterprises are refunded VAT when the input tax amount not yet deducted is 300 million VND or more after 12 months.
• CIT and license fees: New enterprises are exempt from license fees in the first year; declare CIT according to the deduction method or revenue ratio.
• Store electronic invoices and vouchers for at least 10 years to serve inspection and comparison.

Note on some legal regulations on food safety

According to the provisions of the Law on Food Safety 2010 and Decree 15/2028/ND-CP guiding the implementation of the Law on Food Safety.

General conditions ensuring food safety

• Comply with corresponding technical regulations.
• Ensure limits on pathogenic microorganisms, pesticide residues, veterinary drugs, heavy metals, and pollutants.
• Comply with regulations on:
  • Additives, processing aids.
  • Packaging, food labeling.
  • Food preservation.

Food containing ingredients from genetically modified organisms (GMO)

• Must have a Certificate of eligibility for use as food.
• Granting and revocation of the certificate according to Decree 69/2010/ND-CP and Decree 108/2011/ND-CP on biosafety.
• Food labeling must show information about genetically modified organisms if Genetically modified ingredients account for more than 5% of total ingredients.

Except for cases exempt from labeling such as:

• No modified genes detected in the product.
• Fresh, unpackaged food.
• Food used in emergencies (natural disasters, epidemics).

Customers wishing to set up genetically modified product business company, please contact Viet An Law Firm for the fastest and most professional support with the most reasonable costs in all provinces and cities nationwide!