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. |
