Business License for e-commerce services
E-commerce services are commercial activities whereby an e-commerce service provider sets up an e-commerce website to provide an environment for traders, organizations, and other individuals to conduct promotional activities, sell goods, or provide services. Vietnamese law stipulates that foreign-invested enterprises providing e-commerce services must have a Business License before performing any activities related to e-commerce services.
Conditions for an enterprise to be granted a Business License include: (i) Meet market access conditions in international treaties to which Vietnam is a member; (ii) Have a financial plan to carry out the activity applying for a Business License; (iii) No overdue tax debt in case it has been established in Vietnam for 1 year or more.
Note that in case the foreign investor does not belong to a country or territory participating in an International Treaty to which Vietnam is a member, the enterprise applying for a license will need to meet additional criteria: (i) Compliance with the provisions of specialized laws; (ii) Consistent with the level of competition of domestic enterprises in the same field of operation; (iii) Ability to create jobs for domestic workers; (iv) Ability and level of contribution to the state budget.
Procedures
| Process | Detailled description |
| Step 1 |
Prepare documents Enterprises need to evaluate the feasibility of applying for a Business License by considering the industry, financial capacity, and policies of the competent authority. Draft license application documents and prepare explanations based on financial information and experience of the enterprise. Prepare documents to prove the enterprise’s capacity, financial reports, and documents proving the enterprise’s financial obligations to the tax authority. |
| Step 2 |
Submit and process business license applications Submit directly or by post to the licensing agency (depending on each case); Within 10 working days from the date of receipt of complete and valid documents, the Licensing Agency checks the enterprise’s compliance with the conditions. In case the conditions are not met, the Licensing Agency shall issue a responding document and clearly state the reasons; In case the conditions are met, the Licensing Agency issues a Business License to carry out business activities. For some special occupations, before licensing, the Department of Industry and Trade will seek opinions from the Ministry of Industry and Trade. |
| Step 3 |
Receive the result If the dossier is approved, the enterprise will receive a Business License as a result. When receiving a business license, the business will need to check the information on the license to ensure that the recorded information matches the business’s initial requirements. |
LIST OF DOCUMENTS
– Application for Business License.
– The explanation has the following content:
- Explanation of the conditions for granting the corresponding Business License according to regulations;
- Business plan: Describes the content and methods of implementing business activities; presents business plans and market development; labor needs; Evaluates the socio-economic impact and efficiency of the business plan;
- Financial plan: Report on business performance results on the basis of audited financial statements of the most recent year in case established in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plans; Attached are financial documents;
- Business situation of buying and selling goods and activities directly related to buying and selling goods; The financial situation of the foreign-invested economic organization as of the time of application for a Business License.
– Documents of Tax authority proving no overdue tax debt.
– Copy: Business registration certificate; Investment registration certificate for projects selling and buying goods and activities directly related to buying and selling goods (if any).
COMMITMENT TO SERVICES
On time
All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you maintain the enterprise’s compliance with the deadlines with competent authorities and employees.
Exactly
We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.
Security
We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.
SERVICE PERFORMANCE PROCESS
Assign
CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.
Collect information and prepare the service contents
Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.
Control the quality
The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.
Clients’ approval
Clients review and approve the service content prepared by CDLAF. When requested, meetings are held to explain the prepared content.
Completion
Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.
After-service support
Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.
REASONS FOR CHOOSING CDLAF’S SERVICES
- We provide you with effective and comprehensive legal solutions, help you save your money, maintain compliance in the enterprise, and simplify all legal issues when doing business in Vietnam;
- As a law firm established in Vietnam, we have close relationships and knowledge of working methods, and policies of competent authorities, which facilitates you when operating in Vietnam;
- CDLAF Lawyers have held many important positions in law firms, banks, financial enterprises, foreign enterprises. Therefore, our lawyers provide students with the legal regulations as well as the actual solutions and opinions of competent authorities, see more about human resources.
- The system of forms about enterprise, labor, tax, etc. available and constantly updated will be provided as soon as customers request.
People
Contact Us
Are you confused? If you want to discuss your problem more specifically, let us help you, please fill in the information in the table below and send it to us. A free 45-minute consultation email or meeting will be arranged to help you better understand your problem solving problem.
FAQ QUESTIONS: Business License for e-commerce services
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