Procedures to establish packaging manufacturing company in Vietnam

The plastic industry is one of the important industries in the industrial structure of a country and is growing rapidly in Vietnam today. Only the plastic packaging industry alone can show growth potential and attracts investment. More individuals and organizations want to invest in this field. However, to establish a company manufacturing the packaging production businesses have to go through certain procedures. So, in this article, LSX legal firm would like to introduce: “Procedures to establish packaging manufacturing company in Vietnam”.

Legal grounds

• Law on Environmental Protection 2014
• Decree 18/2015/ND-CP
• Law on Enterprise 2020
• Decree 01/2021/ND-CP

Packaging manufacturing business?

The law stipulates 243 conditional business lines such as producing seals, trading in supporting tools (including repair), trading in equipment, camouflage software used for recording, recording, positioning, trading in military equipment,… To conduct the business of these lines, businesses have to satisfy certain conditions prescribed by the law.

However, packaging manufacturing does not belong to the group of conditional business lines. From that, the handicraft production service performs like an ordinary service industry. So, since the law does not prescribe specific conditions, nor does it belong to the group of conditional business services, the owner not required to prepare specific papers when carrying out the establishment procedure.

On the other hand, the packaging production process will lead to negative impacts on the environment as well as human health. Therefore, before setting up a packaging production company, individuals and organizations need to pay attention to a number of procedures.

Environmental profile

Projects producing plastic products and plastic beads with a capacity of 1000 tons of products/year or more require an environmental impact assessment (EIA). Otherwise, the Environmental Protection Plan must be made according to the provisions of Section 87, Appendix 2, Decree 18/2015/ND-CP.

Dossiers for making an environmental impact assessment report:

• Certificate of business/investment registration.
• Draft of feasibility study report or investment report of the project.
• Planning decision 1/500.
• Documents related to the project such as design drawings of water supply and drainage systems, electricity, fire protection,…

Dossiers for making an environmental protection plan

• Certificate of business/investment registration.
• Business plan or investment project report.
• Detail on investing capital.
• Documents related to the project such as design drawings of water supply and drainage systems, electricity, fire protection,…

Announcement of conformity for the production of plastic packaging supporting the food industry

For the production of packages and tools in direct contact with food, the Technical Regulations must be announced to the competent authorities before being put on the market. Currently, 15/2018/ND-CP regulates the following standards for plastic packaging:

• Firstly, Direct contact by rubber: QCVN 12-2:2011/BYT
• Secondly, Direct contact by synthetic resin: QCVN 12-1:2011/BYT
• Thirdly, Direct contact by metal: QCVN 12-3:2011/BYT
• Lastly, Direct contact by glass and ceramics: QCVN 12-4:2011/BYT

Besides, dossiers of announcement:

• Self-declaration made according to form No. 01 Decree 15/2018/ND-CP.
• Certificate of food safety test results within 12 months from the date of application submission.

Procedures to establish a packaging manufacturing company

Step 1: Prepare dossiers

• The application form submits to the business registration office requesting the certificate to establish a packaging manufacturing company.
• Draft of company charter.
• List of founders as well as members.
• Authenticated legal papers of members.
• Valid identification papers of the authorized representative and the legal representative.
• Legal capital confirmation document.
• Certificate of business registration (for organizations).
• Investment registration certificate for foreign investors.

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.
• Besides, 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. Then, 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 all, 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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Contact LSX

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