Post Licensing
Introducing Post Licensing
The operations of the company can start when its main licenses including the Enterprise Registration Certificate (ERC) and the Investment Registration Certificate (IRC) have been granted or adjusted. However, some business sectors can be subject to further sub-licensing requirements or some procedures can be required during the operations of the company. Obtaining the required sub-licenses is mandatory before operating the related business sectors to avoid any liability, administrative fines or even the suspension of the company.
Why choose Us?
- Founded in 2012, M&A Viet Nam became one of the most recognized company in Vietnam. Its success has notably been achieved by assisting foreign investors (90% of our clients) to navigate within Vietnam’s complex legal framework, to minimize legal risks and to always stay ahead of changes in the law;
- We always like to hear and continue to improve our service quality at a reasonable fee to meet the growing expectations of our clients, which are reflected through reputable.
- Among M&A Viet Nam’s outstanding strengths, it is worth mentioning its strong relationships with governmental agencies in Vietnam and its ability to provide effective solutions in the fastest way;
- Likewise, we partner with leading advisors and service providers to deliver complete and tailored solutions to our clients;
- Our Clients can define their requirements, supervise, and evaluate the progress through M&A Viet Nam’s CRM system. Most payment methods are available (cash, bank transfer, credit card, PayPal).
What is the trading license in Vietnam?
The trading license is a sub-license mandatory for foreign-owned companies in some specific cases; notably when providing services of:
- Retail,
- Wholesale of specific products (such as llubricants, rice, sugar, recorded items, books, newspapers and magazines),
- E-commerce,
- Logistics (except for specific cases),
- Goods leasing (excluding finance leasing and leasing of construction equipment with operator services),
- Commercial intermediary,
- Bid-holding,
- Commercial promotion (excluding advertising services).
The trading license is granted by the Department of Industry and Trade and in some special cases, an approval from the Ministry of Industry and Trade can be required.
If a retail outlet is also to be established, an additional sub-license is required. This last license can be difficult to obtain, especially if several outlets are to be opened as the company must obtain the outlet license for each of them and pass the Economic Needs Test (“ENT”). The ENT is not required for the first retail outlet and subsequent outlets having a total area under 500 sqm and located inside a shopping mall, provided that such outlet is not in the form of a convenient store or mini supermarket.
Legal services:
- Applying for the trading license;
- Adjusting or renewing the license to follow your business’ evolution (change of business activities, address, name, etc.);
- Obtaining the retail outlet license to set up your retail establishment, and passing the Economic Needs Test when required.
How to proceed?
- Contact us via phone, email or create a CRM account to define your investment requirements and objectives with our staffs.
- Whenever possible we will meet in person to define your legal strategy in depth.
- Our legal services will notably include our advisory on the conditions to obtain the Trading License and setup the retail outlet (if any).
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us into Vietnamese and English languages.
- At any time, you can access the CRM system to manage and keep a track of your legal services.
What is the website/mobile application announcement or registration?
Every website and mobile application used to display, promote or provide a company’s goods or services to the Vietnamese market must be approved by the Department of Industry and Trade (“DOIT”) through the procedures of notification or registration of the website or mobile application.
Periodic reports are also mandatory to keep the authority updated about the use of the website or mobile application.
Legal services:
- Revising the General condition of use, Privacy policy and other legal notices;
- Announcing and registering the company’s website and mobile application at the DOIT;
- Reporting periodically to the DOIT.
How to proceed?
- Contact us via phone, email or create a CRM account to define your investment requirements and objectives with our staffs.
- Whenever possible we will meet in person to define your legal strategy in depth.
- Our legal services will notably include our advisory on the compliance of your website’s operating model and contents with Vietnamese regulations, and assisting you to adjust its terms of use and policies.
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us into Vietnamese and English languages.
- At any time, you can access the CRM system to manage and keep a track of your legal services.staff
What is the certificate of “qualified facility for food safety”?
Once the company is established, the company will need to obtain the certificate of “qualified facility for food safety” before starting its operations.
The certificate is required for all food and beverage related activities such as food production facilities, restaurants or bars.
The Department of Food Hygiene and Safety defines the requirements and its inspectors ensure their respect by controlling on site. The first inspection occurs at the time of applying for the certificate. Then, subsequent controls will happen throughout the operations of the company to ensure that the hygiene and safety are maintained.
When a facility does not meet the standards, all operations must be suspended until the obtention of the certification. Therefore, it is critical to prepare the certificate application carefully and keep the facility compliant at all time.
Legal services:
- Applying for the certificate of eligibility for food hygiene and safety;
- Adjusting or renewing the certificate of satisfaction of food hygiene and safety conditions.
How to proceed?
- Contact us via phone, email or create a CRM account to define your investment requirements and objectives with our staffs.
- Whenever possible we will meet in person to define your legal strategy in depth.
- Our legal services will notably include our advisory on the conditions to obtain the certificate of food safety, our assistance to prepare the facility to meet the requirements and join the meeting on site with the inspector.
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us into Vietnamese and English languages.
- At any time, you can access the CRM system to manage and keep a track of your legal services.
When should an offshore loan be announced or registered?
When a company established in Vietnam borrows money from an organization in a foreign country, the loan is considered as an offshore loan. The State Bank of Vietnam (“SBV”) controls offshore loans as a part of its control on foreign currency exchange.
If the term of the offshore loan is under 12 months (short-term), the borrower has an obligation to announce the information about such loan to the SBV. When the term is longer than 12 months or if a short-term loan is extended or not repaid in time, procedures for registration must be conducted. The term is measured from the date of the initial drawdown to the date of the full repayment.
Periodic reports are also mandatory to keep the authority updated on the offshore loan repayment schedule and scheme.
Legal services:
- Notifying and registering foreign loans at the State Bank of Vietnam (SBV);
- Extending the loan term;
- Negotiating and drafting of the loan agreements;
- Filling statutory loan periodic reports at the SBV.
How to proceed?
- Contact us via phone, email or create a CRM account to define your investment requirements and objectives with our staffs.
- Whenever possible we will meet in person to define your legal strategy in dept.
- Our legal services will notably include reviewing the loan contract to ensure compliance with Vietnam’s regulations, submit the documents to the State Bank of Vietnam and assist you to provide detailed explanation on the loan when required.
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us into Vietnamese and English languages.
- At any time, you can access the CRM system to manage and keep a track of your legal services
What is the license for trading alcohol?
Vietnamese laws provide for 4 different licenses to trade alcohol:
- Level 1: “Sale of alcohol for on-premises consumption”
- Level 2:
- Level 3
- Level 4
Companies planning to distribute or produce alcohol must obtain the authorities’ approval by applying for the relevant alcohol trading license.
Legal services:
- Analyzing the company’s business plan to determine which level is required;
- Obtaining or renewing the company’s alcohol trading license;
- Negotiating and drafting supply and distribution agreements;
- Filling statutory periodic reports.
How to proceed?
- Contact us via phone, email or create a CRM account to define your investment requirements and objectives with our staffs.
- Whenever possible we will meet in person to define your legal strategy in depth.
- Our legal services will notably include our advisory on the conditions to obtain the relevant certificate of alcohol trading, our assistance to prepare your application documents and join the meeting on site with the inspector(s).
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us into Vietnamese and English languages.
- At any time, you can access the CRM system to manage and keep a track of your legal services.