HOW TO ESTABLISH A FOREIGN-INVESTED E-COMMERCE ENTERPRISE IN VIETNAM

14 Tháng Ba 2023

According to the law, an e-commerce trading floor is an e-commerce website that allows traders, organizations and individuals other than the website owner to conduct part or the whole of the process of buying and selling goods or services on that website. Here is the procedure for starting up an e-commerce business:

1. Applying for an Investment Registration Certificate.

First of all, a foreign investor must apply for the Investment Registration Certificate (“IRC”) at Investment Registration Authorities.

Please note that according to the law on investment, E-commerce activities are conditional business lines. Hence, the investor must meet necessary business investment conditions, and market access conditions in accordance with the law to obtain the IRC.

2. Applying for an Enterprise Registration Certificate.

To establish a foreign-invested enterprise in Vietnam, the investor must apply for the Enterprise Registration Certificate (“ERC”). Therefore, the investor needs to register e-commerce business lines in accordance with the law.

3. Applying for a Business Licence.

After completing the procedure for establishing the foreign-invested enterprise in Vietnam, the investor must apply for the Business Licence at the local Industry and Trade Department.

Kindly note that the grant of the Business License must be based on the opinion of the Ministry of Industry and Trade. Besides that, the investor must enclose a lawful written explanation with the Application for the Business Licence.

4. Registering an e-commerce service provision website and/or an e-commerce service provision application.

The foreign-invested enterprise must register an e-commerce service provision website and/or an e-commerce service provision application at the Ministry of Industry and Trade before selling goods or providing services to consumers.

Please be informed that the investor must prepare a Service provision plan and Regulations on operation management of the e-commerce service website/application that completely meets the legal requirements.

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