BUSINESS LICENSE (IMPORT – EXPORT, DISTRIBUTION RIGHTS)
In order to execute the right of import and export, distribute goods, investors need to carry out procedures to apply for the right to import and export goods. However, before carrying out the procedures to apply for these rights, investors need to process the procedures to apply for an Investment Registration Certificate, then the procedures for establishing an enterprise with a suitable type of business activities. With a team of experienced lawyers and counselors, we support investors to advise on all necessary procedures to carry out the right to import and distribute goods when running business in Vietnam.
A business license is a sub-license granted to a foreign-invested enterprise to carry out the following activities:
- Implementing the importation right, wholesale distribution right of lubricants (including (i) Production of lubricants in Vietnam; (ii) Producing or distributing of machinery; equipment and goods that use specific types of lubricants in Vietnam);
- Performing retailing distribution rights;
- Providing logistics services; except the logistics services sub-sectors in which Vietnam has a market opening commitment in the international treaties to which Vietnam is a member;
- Providing rental of goods, excluding financial lease; except for renting construction equipment with operators;
- Providing commercial promotion services, not including advertising services;
- Providing commercial intermediary services;
- Provide e-commerce services;
- Providing bid-holding services for goods and services.
Previously, the provisions of the Business License regulated by Decree No. 09/2018 / ND-CP (Decree 09) effective from January 15, 2018 completely replacing Decree No. 23/2007 (Decree No. 23). Decree No. 09 is a big step forward from Decree No.23, creating more favorable conditions for foreign-invested enterprises. Detailed:
- Decree 09 removed the requirement to apply for a Business License for the implementation of importation, exportation and wholesale distribution rights for all goods as before..
- The licensing authority is transferred to the specialized management agency, the Department of Industry and Trade instead of the provincial People’s Committee.
- Only consult the Ministry of Industry and Trade with some legal cases, not all cases needing a Business License.
- The time limitation for processing dossiers is only 13 to 28 days. This time limitation is greatly shortened compared to the 40-day regulation in Decree 23.
For retailing activities, the application for a Business License should take into account two cases:
- Case 1: Applying for a Business License with the establishment of the first retail outlet. Enterprises must meet additional financial, tax and planning conditions at the retail location.
- Case 2: Applying for a Business License with the establishment of a retail outlet outside the first one. Enterprises must meet the conditions of the economic needs test (ENT) in addition to the conditions stated in case 1. Except for retail establishments with an area of fewer than 500 m2 placed in a commercial center, and not in the form of convenience stores, mini supermarkets.
KCI Counsel with a team of experienced lawyers and professionals is always ready to provide the best customer service and support before, during and after clients have achieved the business license with the most competitive cost.
With the strength in the field of investment with many years of experience in the field of surveying the import and export market and goods distribution, plus the understanding of the provisions of law as well as international treaties to which Vietnam is a member country, we are confident to bring to investors the best, safest and most effective service. With the sharpness of work, we always objectively evaluate each investment project from the initial stages; the problems are dealt with quickly and effectively. With the understanding of the law, we can assess the problem in the most objective way, the risks that investors may encounter is always effectively handled by the lawyers, limited to the lowest level to help Investors feel secure when making investments. During the working period, the lawyers will accompany and supervise the operation with investors through cooperation contracts, service contracts between investors and us. Through these contracts, whole-hearted attorneys give their utmost support, creating peace of mind for investors, thereby demonstrating our professionalism, work ethic and sense of responsibility with the investors. The success of investors is the driving force for us to carry out our work well.