Service of applying for a retail distribution business license in Vietnam

by BichNgoc

Decree 09/2018/ND-CP on goods trading activities and activities directly related to goods purchase and sale of foreign investors and foreign-invested economic organizations in Vietnam The retail distribution business license granted to a foreign-invested economic organization to exercise the right to retail distribution of goods. LSX Lawfirm will give you an article about: “Service of applying for a retail distribution business license in Vietnam”, as follows:

Legal grounds

Law on investment 2020

Conditions for granting a business license

  • In case a foreign investor belongs to a country or territory that is a contracting party to an international treaty to which Vietnam is a contracting party, there is a commitment to open the market for goods trading and activities directly related to the sale and purchase of goods. goods; trading oil and grease; rice; Street; recorded items; books, newspapers and magazines
  • Satisfy the conditions on market access in international treaties to which Vietnam is a contracting party;
  • Having a financial plan to carry out the activities requested for a business license;
  • No more overdue tax debt in case it has been established in Vietnam for 01 year or more.
  • In case the foreign investor does not belong to a country or territory participating in an international treaty to which Vietnam is a contracting party; Where business services have not yet been committed to market opening in international treaties;
  • Having a financial plan to carry out the activities requested for a business license;
  • No more overdue tax debt in case it has been established in Vietnam for 01 year or more.
  • Meet the following criteria related to Service of applying for a retail distribution business license in Vietnam:

Comply with the provisions of specialized laws;
Consistent with the level of competition of domestic enterprises in the same field of operation;
Ability to create jobs for domestic workers;
Ability and level of contribution to the state budget.

Then

  • For goods being lubricating oil and grease: Consider granting a license to exercise the right to import or wholesale distribution to a foreign-invested economic organization that performs one of the following activities:

Producing lubricating oil and grease in Vietnam;
Producing or allowed to distribute in Vietnam machinery, equipment and goods using special oils and greases.

  • For goods being rice; Street; recorded items; Books, newspapers and magazines: Consider licensing the exercise of retail distribution rights to foreign-invested economic organizations that already have retail establishments in the form of supermarkets, mini-marts, and convenience stores to retail at those establishments.

You can refer to the distinguish between Business License, Certificate of Business Registration, or Application for the License to trade in tobacco ingredients in Vietnam, Conditions for the issuance of the License to trade in tobacco ingredients in Vietnam through other article of LSX Lawfirm.

Contents of Business License, business term

Contents of the Business License include:

  • Firstly, Name, business code, main company address and legal representative;
  • Secondly, Owners, capital contributors, founding shareholders;
  • Thirdly, distributing goods;
  • Activities directly related to the purchase and sale of goods;
  • Finally, Other contain.

Dossier for grant of retail distribution business license

Profile include:

  • Firstly, application for a Business License.
  • Secondly, the explanation reads:
  • Thirdly, an explanation of the conditions for granting a business license;
  • Business plan: Description of contents and methods of conducting business activities; present business and market development plans; demand for labor; assess the impact and socio-economic efficiency of the business plan;
  • Financial plan: Report on business results on the basis of audited financial statements of the latest year in case it has been established in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plans; accompanied by financial documents;
  • Documents from tax authorities proving no more overdue tax debts.
  • Finally, copy: Certificate of business registration; Certificate of investment registration in the project of goods trading and activities directly related to the purchase and sale of goods (if any).

Procedures for applying for a retail distribution business license

  • Dossier sent directly or by post or via electronic network (if applicable) to the licensing agency.
  • Number of records: 01 set. In case of granting a business license to trade in rice goods; Street; recorded items; books, newspapers and magazines: 03 sets.
  • So, Within 03 working days from the date of receipt of the dossier, the licensing agency shall examine and request amendments and supplements if the dossier is not sufficient and valid.
  • Within 10 working days from the date of receipt of a complete and valid dossier, the licensing agency shall check the satisfaction of the corresponding conditions. In case the conditions are not satisfied, the licensing agency shall reply in writing and clearly state the reasons therefor.
  • If the conditions are satisfied, the licensing agency shall issue a business license to carry out operations; in case of refusal, there must be a written reply clearly stating the reason;
  • For the case of granting a business license to trade in rice goods; Street; recorded items; books, newspapers and magazines, the licensing agency shall send the dossier together with the written opinion of the Ministry of Industry and Trade and the line ministries.

Within 15 days from the day on which the application is received, the Ministry of Industry and Trade and the line ministry shall issue a written approval for the grant of a business license; In case of refusal, there must be a written reply clearly stating the reason

Within 03 working days from the date of receipt of written approval from the Ministry of Industry and Trade and line ministries, the licensing agency shall issue a business license. In case the Ministry of Industry and Trade or the line ministry has a written refusal, the licensing agency shall reply in writing and clearly state the reasons therefor.

Related questions about Service of applying for a retail distribution business license in Vietnam

Dossier for adjustment of investment certificate?

Dossier for verification and issuance of the Investment Certificate in accordance with the provisions of the law on investment;
An explanation of the satisfaction of conditions for performing goods purchase and sale activities and activities directly related to the purchase and sale of goods;
Documents proving the investor’s financial capacity and experience in carrying out the objectives of goods purchase and sale activities and activities directly related to the purchase and sale of goods
Report on the performance of goods purchase and sale activities and activities directly related to the purchase and sale of goods;
Documents from tax authorities on the fulfillment of corporate income tax obligations for two consecutive years. In case of absence or lack of vouchers, the enterprise shall explain in writing clearly stating the reason.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Service of applying for a retail distribution business license in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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