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).

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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.

People

Contact Us

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FAQ QUESTIONS: Business License for e-commerce services

How long is the work permit valid?

The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years.

In which cases will the Work Permit be revoked?

The Work permit expires in accordance with the provisions of Clauses 1, 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code.

The employer or foreign employee does not comply with the provisions of this Decree.
Foreign workers do not comply with Vietnamese laws while working in Vietnam, which affects social security, order and safety.

What are the conditions for foreign workers to be allowed to work in Vietnam?

Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

Being 18 years old or older and having full civil capacity;
Having professional qualifications, techniques, skills, and work experience; having good health in accordance with regulations of the Minister of Health;
Not being a person who is serving a sentence or who has not had a criminal record erased or is being prosecuted for criminal liability in accordance with foreign or Vietnamese law;
Having a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.

In which cases are foreign investors considered technical workers?

Technical workers are foreign workers in one of the following cases:

Having been trained for at least 1 year and having at least 3 years of working experience which is appropriate to the position that foreign workers expect to work in Vietnam.
Having at least 5 years of working experience which is appropriate to the position that foreign workers expect to work in Vietnam.

In which cases can foreign workers come to Vietnam to work as experts?

Experts are foreign workers in one of the following cases:

Having graduated from university or higher or equivalent and having at least 3 years of work experience which is appropriate to the job position that the foreign worker expects to work in Vietnam;
Having at least 5 years of experience and having a practising certificate which is appropriate to the job position that the foreign worker expects to work in Vietnam;
Special cases are decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.