Foreign investors establish food processing enterprises in Vietnam

BichNgoc October 23, 2021

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Posts : Foreign investors establish food processing enterprises in Vietnam In the section LSX Lawfirm

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The growth of the food processing industry is considered to have great potential and development prospects because the increase in output has not really met the current consumption demand. Therefore, foreign investors invest more and more in the food processing industry in Vietnam. In order for investors to better understand the process of establishing a foreign-invested food processing business in Vietnam, LSX Lawfirm would like to give preliminary advice according to the article: “Foreign investors establish food processing enterprises in Vietnam”, as follows:

Legal grounds

Law on food safety 2010

Banned business lines in accordance with Vietnamese law

Conditional business lines for foreign investors in Vietnam

Step 1: Register to invest

Foreign investors establishing new businesses must carry out investment registration procedures at the competent authority.

The investor shall submit 01 application for investment registration at the investment registration agency where the enterprise intends to locate its head office. Records include:

Firstly, a written request for the implementation of an investment project;
Copy of identity card / identity card or passport for individual investors; a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor being an organization;
The investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule. , demand for labor, proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;
A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;
Then, Business cooperation contract if the investment is in the form of business cooperation;
Joint venture contract with a Vietnamese enterprise if the investment is in the form of a joint venture.
Authorization letter for the lawfirm to carry out investment registration procedures.

It related to Foreign investors establish food processing enterprises in Vietnam

In addition

Investment registration agency: Department of Planning and Investment or Management Board of industrial parks, export processing zones, economic zones and high-tech zones.

Then, The specialized department accepts and considers the validity of the dossier and the conditions for the issuance of the Investment Registration Certificate, and submits it to the Department’s Leader for approval of the result of handling the dossier.

Then, within 15 days from the date of receipt of complete and valid dossiers, the investment registration agency shall issue the Investment Registration Certificate.

Step 2: Register your business

Investors prepare 01 set of business registration documents and submit them at the One-stop Department of the Department of Planning and Investment where the enterprise is located.

Dossier for establishment of a food processing enterprise includes:

Firstly, Business registration application form;
Secondly, Company rules;
Thirdly, List of members or shareholders of the company (if it is a limited liability company with two or more members or a joint stock company);
Copies of documents:
For individuals: A valid ID card or passport or a valid passport for an individual;
Then, for organizations: Certificate of business registration for the group and enclosed with personal identification papers, authorization decision of the authorized representative of the organization;
Power of attorney for lawfirm.

After submitting the dossier at the Department of Planning and Investment where the enterprise’s head office is located, within 03 – 05 working days, if the dossier is valid and complete, the Department of Planning and Investment will issue a certificate. business registration.

Step 3: Announce business registration information

So, after being granted an enterprise registration certificate, an enterprise must make a public announcement on the National Business Registration Portal according to the order and procedures within 30 days from the date of publication. The contents of the announcement include: Contents of the enterprise registration certificate; Business; list of founding shareholders.

So, Note: According to the provisions of Clause 1, Article 26 of Decree 50/2016/ND-CP, if an enterprise fails to publish or publishes on time the prescribed contents of enterprise registration on the National Portal, Enterprise registration will be fined from 1,000,000 VND to 2,000,000 VND.

It related to “Foreign investors establish food processing enterprises in Vietnam”

Step 4: Engrave the seal and announce the seal sample

Enterprises have the right to decide for themselves on the form, quantity and content of their seals. Enterprises can authorize Law Firm or self-engrave the seal and notify the seal sample to the Department of Planning and Investment.

So, after receiving the notice of the seal sample, the Business Registration Office hands over the receipt to the enterprise, publishes the enterprise’s notice on the national business registration portal and issues a notice on the registration of the enterprise. Download information about the enterprise’s seal template for the business.

Step 5: Apply for a certificate of eligibility for food hygiene and safety

Subjects applying for the Certificate of establishments meeting food safety and hygiene conditions related to “Foreign investors establish food processing enterprises in Vietnam”:

Food production and trading establishments;
Then, Independent manufacturing plant in one location.
Then, Cases where an application is not required:
Small initial functional food production establishments;
Small business establishments that do not have special product preservation requirements;
Then, Street vendors;
Prepackaged business establishments that do not require special storage conditions;
Then, establishments dealing in packaging and tools in direct contact with food.
Dossier to apply for a Certificate of eligibility for food safety and hygiene:

An application form for a Certificate of eligibility for food safety;
Copy of Business Registration Certificate;
Then, a written explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions;
Certificate of full health of the establishment owner and the person directly producing and trading food, issued by a district-level or higher-level health facility;
Certificate of training in knowledge of food safety and hygiene of the establishment owner and of the person directly producing and trading food.
Finally, depending on the agency that issues the License to satisfy the food safety and hygiene conditions, the processing time varies.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Foreign investors establish food processing enterprises in Vietnam”, please contact LSX Law firm : +84846175333 or Email: [email protected]