The growth of society leads to the development of different industries and business lines. Many organizations and businesses established with a large number in the market. Canned food business is no longer a new concept for businesses because of its potential market. So, in this article, LSX legal firm will inform you: “Procedures to establish canned food company in Vietnam”
Legal grounds
- Law on Enterprise 2020
- Decree 01/2021/ND-CP
- Decree 47/2021/ND-CP
Canned food business.
According to Appendix 4 of Law No. 03/2016/QH14 amending and supplementing Article 6 and Appendix 4 on the list of conditional business lines and investment lines providing for 243 conditional business lines, food business belongs to the specialized management of the Ministry of Industry and Trade. Specifically, the groups under the specialized management of the Ministry of Industry and Trade include:
- Beer
- Wine, alcohol, and alcoholic beverages
- Soft drinks
- Milk products
- Vegetable oil
- Flour and starch products
- Cake, jam, candy products
Conditional business lines mean the lines of business for which such investment and business activities must satisfy conditions for reasons such as national defense, security, social order and safety, social ethics, and community health. Similarly, for canned food business services, some of the above-mentioned food groups require specific conditions by the law. Therefore, when carrying out the procedures for establishing a business for these groups of subjects, the owner have to prepare specific documents.
Business lines‘ codes
- Firstly, Code 4632 Wholesale of food.
- Secondly, Code 4633 Wholesale of beverages.
- Thirdly, Code 4711 Retail of food, beverages, tobacco, and pipe tobacco accounts for a large proportion of general stores.
- Fourthly, Code 4719 Other retail sales in other general stores.
- Fifthly, Code 4721 Retail sale of food in specialized stores.
- Sixthly, Code 4722 Retail sale of food commodities in specialized stores.
- Code 4723 Retail sale of beverages in specialized stores.
- Code 4781 Mobile or market retail sale of food, foodstuffs, beverages, tobacco, and tobacco products.
- Also, Code 1010: Processing and preserving meat and meat products.
- Code 1020: Processing and preserving seafood and aquatic products.
- Code 1030 Processing and preserving fruits and vegetables.
- Then, Code 1040 Manufacture of animal and vegetable oils and fats.
- Code 1050 Processing milk and dairy products.
- Code 1061 Milling and production of raw flour.
- Lastly, Code 1062 Manufacture of starch and starch products.
Procedures to establish canned food company
Step 1: Prepare documents to register the business
At this step, for each type of company, the requirements for the profile that you need to prepare differs. However, in general, no matter what type of company, you need to prepare the following basic documents for the procedures to establish canned food company:
- Firstly, the application form submits to the business registration office requesting the certificate to establish a canned food company.
- Secondly, draft of company charter.
- Thirdly, list of founders.
- Fourthly, authenticated legal papers of members.
- Also, valid identification papers of the authorized representative and the legal representative.
- Legal capital confirmation document.
- Equally important, certificate of business registration (for organizations).
- Lastly, Investment registration certificate for foreign investors.
Reference to the registering application for types of companies
Firstly, Application for registration of a joint-stock company
1. The enterprise registration application form.
2. The company’s charter.
3. The list of founding shareholders; the list of shareholders that are foreign investors.
4. Copies of:
a) Legal documents of founding shareholders and shareholders that are foreign investors who are individuals and legal representatives;
b) Legal documents of shareholders that are organizations, documents about the designation of authorized representatives; legal documents of authorized representatives of founding shareholders, and shareholders that are foreign organizations.
Legalized copies of legal documents of the members that are foreign organizations.
c) The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.
Secondly, Application for registration of a limited liability company
1. The enterprise registration application form.
2. The company’s charter.
3. The list of members.
4. Copies of:
a) Legal documents of members who are individuals and legal representatives;
b) Legal documents of members that are organizations, documents about the designation of authorized representatives, and their legal documents.
Legalized copies of legal documents of the members that are foreign organizations.
c) The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.
Thirdly, Application for registration of a partnership
1. The enterprise registration application form.
2. The company’s charter.
3. The list of partners.
4. Copies of legal documents of the partners.
5. Copies of the Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.
Also, Application for registration of a sole proprietorship
1. The enterprise registration application form.
2. Copies of legal documents of the sole proprietorship’s owner.
Step 2: Submit dossiers
Submit the application at the Business Registration Office of the Department of Planning and Investment at the province level where you plan to locate the head office of your Company.
Currently, there are two forms to submit an application:
- Register directly: apply at the “one-stop” department of the Business Registration Office. However, in Hanoi, this method is no longer applied.
- Online business registration: submit your application on the National Business Registration Portal (Address: https://dangkykinhdoanh.gov.vn). After the online application is valid, you will have to go directly to the “one-stop” department to return the scanned copy (hard copy) when submitting it online. However, this method is relatively complicated, requiring you to have skills and knowledge about registering a business account.
Once you have submitted your application, you will receive a receipt for your application. The usual processing time for applications will be 3 working days.
Step 3: Receive result
According to the schedule on the appointment, you return to the “one-stop” department of the Business Registration Office to receive the results. There are two possible scenarios:
- Dossiers valid: You will receive a Certificate of Business Registration as a result and a notification to the tax authorities.
- In contrast, dossiers invalid: The Business Registration Office will have a document instructing you to amend the dossiers in accordance with the provisions of the law. After the amendments and supplements to your application according to this guide, then resubmit your application as in Step 2.
Step 4: Post-establishment procedures.
Receiving a Business Registration Certificate is just the first step in putting your company into operation. After that, you have to do the following series of procedures:
- Notice the use of the company’s seal sample.
- Bank account notice (if your company registers a bank account).
- Tax procedures such as license declaration and payment of license fees, Tax on corporate headquarters inspection,…
- Trademark protection (if you need it).
- …
After carrying out these procedures, your Company can go into operation.
LSX legal firm’s service on company establishment
When establishing a company, people must carry out the procedure following the law at the competent business registration authority (under the Law on Enterprise 2020). The process of establishing a business includes many different steps and phases. If you are not familiar with the law, this process may take a lot of time.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
The company does not generate revenue from the business, but it still has to pay CIT if the company generates other legal revenue belonging to the income subject to corporate income tax (CIT).
There are many reasons that individuals and organizations have established companies but are not doing business. That means not organizing and operating the company to produce and generate profits.
It may be for financial reasons. After establishing a business, they found that there is not enough finance to operate the company. Therefore, owners have to stop all operations.
However, it may be due to objective conditions: epidemics, natural disasters, fires, etc. These unexpected reasons may cause the company to go out of business for a period of time; or even permanently discontinued.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Procedures to establish canned food company in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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