Supplement of business lines for FDI companies in Vietnam

Hi DMS Attorneys in Vietnam! My company is a 100% FDI company in Da Nang, Vietnam. Can we apply for supplement of business lines in trade, import-export, whole sales, retails of goods in Vietnam ?  Can you advise and provide services for supplement of business lines in retails of goods via internet for foreign invested company in Vietnam ?

Hi!

Investment Registration Certificate (IRC), Enterprise Registration Certificate (ERC) in Vietnam:

Any economic organization with foreign owned capital which has been established in Vietnam and has a new investment project may carry out the procedures for implementation of such investment project without being required to establish a new economic organization (Clause 3 Article 23 Law on Investment No. 67/2014/QH13 dated November 26, 2014).

The foreign-invested economic organization may adjust the enterprise registration information at the business registration authority without having to have an investment project. The addition of business lines of a foreign invested economic organization must satisfy investment conditions applied to foreign investors, if any (Clause 3 Article 45 Decree No. 118/2015/ND-CP dated November 12, 2015).

Business licence and Retail store licence:

A 100% foreign invested enterprise conducting retail business over orders received via the internet, must conduct procedures for the issuance of a business licence and the first retail store licence in accordance with provisions in Decree No. 09/2018/ND-CP dated January 15, 2018.

If the location of the first retail store is in the same province or city under central authority as the headquarters of the foreign-invested economic organization, then such organization has the right to request issuance of a business licence concurrently with issuance of a licence to establish the first retail store. The application file and sequence shall be implemented in accordance with the provisions in article 20 of this Decree (Clause 4 Article 5 Decree No. 09/2018/NĐ-CP dated January 15, 2018).

Application file for issuance of a retail store licence shall comprise:

Request for issuance of a retail store licence on standard form 04 in the Appendix issued with this Decree; Explanatory document containing: Location for establishing the retail store: address of the store; description of the general area, related areas and areas to be used for establishing the store; and an explanation on satisfaction of the conditions prescribed in Point c Clause 1 Article 22 of this Decree, enclosing the retail store location data; Business plan on trading by the retail store: presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan; Financial plan for establishment of the retail store: business operational results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one (1) year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial data; Data from the tax office proving that there are no overdue tax debts; Copies of the ERC and of the IRC (if any) for the project on establishing the retail store, and of the business licence; Document explaining satisfaction of the ENT criteria prescribed in points c, d and dd Article 23 of this Decree, if an ENT (Economic Need Test) must be conducted (Article 27 Decree No. 09/2018/NĐ-CP dated January 15, 2018).

The economic organization shall carry out procedures to notify the Ministry of Industry and Trade about the establishment of its e-commerce website to sell goods in accordance with provisions in Decree No. 52/2013/ND-CP dated May 16, 2013 and Decree No. 08/2018/ND-CP dated  January 15, 2018).

The economic organization shall carry out procedures to notify the supplement, change of business lines in accordance with Article 49 Decree No. 78/2015/ND-CP dated September 14, 2015.

Consulting services:

Phone: 0914 165 703 or Email: dmslawfirm@gmail.com

Supplement of business lines for FDI company in Vietnamm