Dossiers, procedures to establish import-export company in Vietnam 2022
Currently, import and export are among the fields that the state is interested in and focused on. According to the General Statistics Office of Vietnam, in 2020, the total import and export turnover of goods nationwide is estimated at 543.9 billion USD, up 5.1% over the previous year. This leads to the result that many investors wish to establish an import-export company. So, in this article, LSX legal firm would like to provide you: “Dossiers, procedures to establish import-export company in Vietnam 2022”
Legal grounds
- Law on Enterprise 2020
- Commercial Law 2005
- Law on Foreign Trade Management 2017
- Law on Investment 2020
- Decree 01/2021/ND-CP
- Circular 47/2019/TT-BTC
Import-Export company
The Commercial Law 2005 does not introduce the concept of “import-export company”, but only defines “export” and “import” as follows:
“1. Export of goods means the bringing of goods out of the territory of the Socialist Republic of Vietnam or into special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law.
- Import of goods means the bringing of goods into the territory of the Socialist Republic of Vietnam from foreign countries or special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law.”
At the same time, according to the provisions of the Law on Foreign Trade Management 2017, export and import activities are actually just two of many forms of international goods purchase and sale.
So, an Import-Export Company means an enterprise that conducts international goods trading activities in the form of export and import in accordance with the provisions of law and international treaties.
Dossiers to establish an Import-Export company
To establish an import-export company, enterprises need to prepare the following documents:
- An application for enterprise registration, made according to the form corresponding to each type of enterprise in Decree 122/2020/ND-CP.
- Company charter.
- Partnerships and limited liability companies with two or more members must submit the list of members. On the other hand, joint-stock companies must submit a list of founding shareholders.
- Copy of legal documents (ID card, passport) of the legal representative of the enterprise and members as well as shareholders of the enterprise.
In case an enterprise chooses a conditional business line, it is necessary to apply for a business license for that line of business before carrying out the procedures for requesting the establishment of an import-export company.
In addition, if the enterprise conducts export and import of goods with conditions, it has to carry out additional procedures for applying for an export (or import) license.
Procedures to establish Import-Export company
Step 1: Prepare and submit dossiers to establish an Import-Export company
First of all, you have to prepare all documents as to the instructions in the above section.
The required documents in the enterprise registration dossier must made according to the correct form as prescribed by law. At the same time, the content presented in the papers must comply with the provisions of the Enterprise Law 2020.
In case an enterprise chooses to register a conditional business line, it has to apply for a business license for that line before carrying out the procedures for applying for the establishment of an import-export company.
Besides, if enterprises carry out import and export activities of conditional goods, they need to perform more procedures to apply for an export (or import) license.
Step 2: Receive and process requests for company establishment
The competent authority to receive and process requests for company establishment is called the business registration agency. These include the Business Registration Office under the Department of Planning and Investment (provincial business registration agency) and the Finance-Planning Department under the District People’s Committee (district business registration agency).
To establish an import-export company, owners submit an application at the Business Registration Office of the Department of Planning and Investment.
Procedures for setting up an import-export company can be done through the electronic information network or directly at the Business Registration Office.
- Within 03 working days from the date of receipt of the application, if the application valid, then the Business Registration Office will issue an enterprise registration certificate to the enterprise.
- In case the application is not valid, the Business Registration Office must notify in writing the content that needs to be amended and supplemented to the enterprise.
Step 3: Post-establishment procedures after receiving a business registration certificate
After granted the business registration certificate of an import-export company, the enterprise needs to perform the following tasks:
- Within 30 days from the date of receipt of the business registration certificate; the enterprise must publish the business registration contents.
- Within 90 days from the date of being granted the business registration certificate; members and shareholders must fully contribute the registered capital.
- The company must make a register of members (register of shareholders) immediately after being granted the Certificate of Business Registration.
- Declare the license fee.
- Signboard at the company headquarters.
- Open a business bank account.
- Notice of seal sample to the business registration office.
- Tax registration for the first time.
- Notice of application of tax calculation method.
- Apply invoice.
- Register to use a digital signature.
- Labor declaration, payment of social insurance for employees.
- …
Charges and fees for opening an import-export company
Many costs and fees involved in the process of carrying out the procedure of opening an import-export company:
- Firstly, business registration fee: according to Circular 47/2019/TT – BTC, the first-time business registration fee is 50,000 VND / time. On the other hand, in case an enterprise registers its business online, the business registration fee is exempted.
- Secondly, the fee for announcing the contents of business registration: According to the provisions of Circular 47/2019/TT – BTC the fee for announcing the contents of business registration: 100,000 VND/time.
In addition, some related costs may appear such as the cost of opening a bank account, digital signatures, creating a seal, etc. These costs will depend on the actual situation of the business.
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
Firstly, sole proprietorship
Secondly, limited liability company (LLC)
Thirdly, partnership
Fourthly, joint-stock company
Firstly, choose the suitable business type.
Secondly, register appropriate business lines.
Thirdly, practice certificate (if necessary).
…
Under the law, there are two groups of business lines in Vietnam. Conditional business lines and non-conditional business lines.
For business lines without conditions:
The procedure for setting up a company simply means a procedure with the business registration agency (Business registration office) with the following documents according to general regulations such as Minutes of meeting, establishment decision, personal profile, etc., together with the obligation of fees and charges. Thus, the establishment of a company in this condition is very simple.
For business lines with conditions:
The process and requirements in these cases are somewhat more complicated. Legal capital requirements (such as real estate business, debt collection, etc.), university degrees and diplomas (such as law offices, etc.), professions that require margin,…
So, whether establishing an Import-Export company requires a degree or not will depend on the field in which the founder does business and the requirements of that business line.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Dossiers, procedures to establish import-export company in Vietnam 2022?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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