7 basic steps to set up a business and comply with
Vietnam laws
Vietnam’s economy is increasingly
diversified in terms of business activities and business regulations are also
constantly being improved and enhanced. Accordingly, foreign investors can
freely choose the right type of business. Therefore, the set up company in Vietnam is
always a matter of great interest to foreign investors whom find business
opportunities in Vietnam.
The first step is to
set up a business in Vietnam
To take this step, the investor first
needs to determine the type of business to choose to establish and provide the
business name and expected information. Accordingly, the composition of the
enterprise establishment dossier will be prepared according to regulations and
submitted at the Business Registration Office, the Department of Planning and
Investment of the place where it is expected to be headquartered. After submitting
a valid application, the enterprise will be granted an enterprise registration
certificate and announced the registration contents on the National Business
Registration Portal.
The second step is to
publish the contents of business registration
After being granted an enterprise
registration certificate, an enterprise must make a public announcement on the
National Business Registration Portal.
In the third step, the
enterprise conducts stamp engraving
Enterprises can request to make a seal
from the seal making agent. Accordingly, the enterprise actively decides on the
type, quantity, form and content of the seal and is solely responsible for the
use of its legal entity seal.
Fourth step is that to
open a bank account in Vietnam
Currently, businesses can choose a bank
to open an account for their business, to open an account, the bank requires an
application form issued by the bank, a seal sample, the company’s charter, and
a certificate. Business registration and related documents are required by different
bank.
The fifth step is to
register the tax declaration form in Vietnam.
Accordingly, enterprises register for
the use of e-invoices and notify the use of e-invoices to their tax
authorities. Enterprises need to contact the invoice supplier to order the
printing of value-added invoice books and must register self-printed invoices
with tax authorities.
In the sixth step, the
enterprise needs to conduct labor registration in Vietnam. Enterprises register
with the Department of Labor, War Invalids and Social Affairs to declare the
use of labor. Within 30 days from the date of commencement of operation, the
employer must register the employer to the Labor Department (according to the
prescribed form). In addition, enterprises should note that the relationship
between the employer and the employee is regulated by the Labor Code and
specified in the labor contract.
Seventh step is to
register for social insurance in Vietnam.
Enterprises register with the Social
Insurance Agency to pay health insurance and social insurance for employees.
Employers must fill in all information according to the form provided by social
insurance, including: full name, date of birth, salary (recorded in labor
contract), number of social insurance book (for employees who have been issued
with a book), a certified copy of the company’s business registration certificate and
a copy of each labor contract.
It can be seen that setting up a
business requires businesses to carry out a lot of procedures and comply with
many different regulations of tax, banking, labor, insurance… Therefore,
besides learning about legal regulations and businesses can seek the support of
professional consulting firm in Vietnam with expertise and experience in the
field of business establishment to implement the process quickly and
effectively.
Finding the right business partner in
Vietnam is also important. We recommend doing research on the reputation of the
company and individual shareholders, corporate or individual, gathering
publicly available company information, and performing background checks on key
personnel to find potential risks in cooperation. Working with a reliable
partner can help achieve economic benefits, saving time and money in business.
ANT Lawyers, a law
firm in Vietnam could offer service to establish company in Vietnam.
We assist clients needing legal service in obtaining investment certificate,
business registration certificate, or other licensing procedures.
7 basic steps to set up a business and comply with Vietnam laws
Many “American eagles” expressed their desire to
invest and expand into Vietnam
After the Covid-19 pandemic with
unremitting efforts, Vietnam has affirmed its capacity in all aspects with
other countries, especially the capability to fight against Covid and quick
return focus to business. Therefore, Vietnam is becoming an attractive investment
destination for global investors including American companies. With the stable
political situation, young and abundant human resources and commitment to
investment facilitation from the Vietnam Government, it has become a great
motivation for American investors to choose Vietnam as a safe and effective
investment destination to expand business and set up company in Vietnam.
On the occasion of Vietnam Prime Minister
Pham Minh Chinh’s business trip to attend the Special Summit to celebrate the
45th anniversary of ASEAN- America relations, many big American enterprises
such as Intel, Apple and Google have shared their desire to expand the supply
chain, cooperate in technology and move production to Vietnam by coordinating
with Vietnamese enterprises that have suitable capability to participate. This
is also considered a great opportunity for Vietnam to interact with the world’s
leading advanced economy to improve its labor capacity and is a potential
market for workers to learn and demonstrate their abilities.
Specifically, Apple wants the Vietnamese
Government to continue to have preferential policies to encourage high-tech
American enterprises to develop business and invest in Vietnam. On the other
hand, Apple also affirmed that it will actively consider the Prime Minister’s
proposal on increasing the number of domestic suppliers and raising the rate of
using domestic services and goods higher in Apple products in the near future.
In addition, Intel also showed its
interest in the Vietnamese market by emphasizing the very important role of
Vietnam and Vietnamese factories in Intel’s production chain. Moreover, Intel
also highly appreciates Vietnam’s infrastructure and human resources as
potential conditions for technology enterprises to continue to expand their
operations. Especially in today’s volatile world, Intel’s expansion of
investment in Vietnam is a strategic solution.
Currently, Microsoft is working with
Vietnam’s Ministry of Information and Communications to deploy digital skills
programs both private and public sector, and data science development in
Vietnam. Accordingly, technology will help enhance transparency and trust,
prevent and fight corruption. Vietnam has a young population, a dynamic
country, ready to receive new technologies Microsoft wishes to strengthen
cooperation with Vietnam in the fields of digital transformation, ensuring
network security, helping Vietnam achieve the goal of reducing emissions to
zero by 2050 and contribute to helping Vietnam build a green economy, digital
economy, and sustainable development.
In addition, in order to attract foreign
investment, the Prime Minister emphasized that the “sincerity, trust and
responsibility” stance, “harmonious benefits, shared risks” between big
American and Vietnamese enterprises will help the relationship between the
parties is stable and good. In addition, to implement the commitments it has
joined, Vietnam is continuing to build and perfect institutions suitable to
Vietnam’s conditions and circumstances. Moreover, the development of strategic
infrastructure such as digital transformation infrastructure, transport
infrastructure, energy infrastructure, healthcare infrastructure… will also be
the focus of completion to attract foreign investors to establish company inVietnam.
Besides, Vietnam continues to improve the
open and stable business environment, and effectively handle administrative
procedures. In particular, digital transformation will help reduce direct
transactions, fight negativity, trouble, corruption, save time and costs for
people and businesses. Therefore, Vietnamese businesses need to innovate in
both capacity and organization to capture this opportunity well.
With highly professional staff and great
experience in business in Vietnam, ANT Lawyers – Law
firm in Vietnam would like to support you to establish company
in Vietnam.
Many “American eagles” expressed their desire to invest and expand into Vietnam
Where is least expensive cities for
working and living in Vietnam?
The price indexes has always been on top
of information list which investors look for when making investment into a new
country. Beside various information i.e. GDP, Stock market, unemployment,
producer price, interest rate, balance of trade, the investors also check the
consumer price index and income to determine the attractiveness of market
entry. There are many attractiveness factors including the low cost of living
and low level of income in comparable with other neighboring countries, for
making investment in setting up company in Vietnam for
manufacturing purpose.
Where in Vietnam is
cheapest city to live and work?
According to statistics of 2021,
taking Hanoi as the base indicator, the top 10 localities with the most
expensive cost of living include: Hanoi (100%), Quang Ninh (99.5%), Ho Chi Minh
City (98.98%), Da Nang (96.4%), Hai Phong (95.58%), Lao Cai (94.75%), Son La
(94.58%), Lang Son (94.55%) %), Khanh Hoa (94.55%) and Dien Bien (94.41%).
How it has changed
since 2015?
The top 10 provinces and cities with the
most expensive cost of living in the country in 2015 include: Lai Chau
(100.3%), Hanoi (100%), Son La (99.27%), Lao Cai (99.02%), Dien Bien (98.85%),
Ho Chi Minh City City (97.39%), Ha Tinh (97.14%), Ha Giang (96.5%), Da Nang
(96.44%) and Binh Phuoc (96.12%).
In 2021, Hanoi’s per capita income
reaches more than 6 million VND/month. Since 2016, Hanoi has always
been in the top 3 localities with the highest income in the country.
In 2015, Da Nang ranked 9/63 with a
price equal to 96.44% compared to Hanoi. By 2017, the city “jumped” to third
place, up 6 places compared to 2015. In 2021, Da Nang’s cost of living is 96.4%
of that of Hanoi and ranked 4th in the country in terms of expensiveness. In
2021, Da Nang has per capita income of more than 5.2 million VND/month, ranking
5th out of 63 provinces and cities. Previously, 2019 was the year the city had
the highest income in the past 10 years with more than 6 million
VND/person/month.
In 2021, Ho Chi Minh City reached 98.98%
and ranked 3rd out of 63 provinces and cities in cost of
living. From 2002 to 2016, the city has always been the place
with the highest income in the country. From 2018 to present, Ho Chi Minh City
maintains the “runner-up” position (behind Binh Duong), in which, 2019 is the
year with the highest income with 6.7 million VND/person/month.
Besides the three central cities that
are constantly in the top of the most expensive localities in the country, Lao
Cai is the only mountainous province.
In 2020, Lao Cai ranked 5th in terms of
the expensive level in consumption, equal to 96.52% compared to Hanoi. Lao Cai
is the most expensive province among 14 Northern Midlands and Mountainous
Provinces (the cheapest is Phu Tho, equal to 91.07% compared to Hanoi, ranked
56th nationwide). By 2021, Lao Cai’s index drop to 94.75%, the lowest level of
the place since 2015 until now. With this index, Lao Cai ranks 6th in the
country in terms of the expensiveness of the cost of living.
In particular, although the cost of
living is quite high, the income of people in Lao Cai is not high. The average
income of people in this locality was only 1.8 million VND/person/month in 2016
and ranked 53rd in the country. In 2021, people in Lao Cai earn an average of
2.51 million VND, ranking 55th in the country.
The low level of income and least living
cost make Vietnam a favourable destination for investment. Many
labour intensive manufacturers in garment, shoes, furniture… have long chosen
Vietnam as a place for establishing company in
manufacturing. There are growing number of companies in electronics also
manufacture in Vietnam to take advantage of the comparable low wage workforce.
With highly
professional staff and great experience in foreign investment, ANT Lawyers
- law firm in Vietnam would
like to support you to establish company in Vietnam.
Where is least expensive cities for working and living in Vietnam?
On May 1st, 2021, the Free Trade Agreement between Vietnam and the
United Kingdom (UKVFTA) officially came into effect, marking an important
symbolic step in the growing partnership between Vietnam and UK, facilitating
the trade between the two countries, hence making more UK investors choose
Vietnam as a destination to make investment, and set up company for operation to enjoy the benefits of the
agreement.
The UKVFTA has provided regulations governing bilateral trade
between the two countries with a value of up to 5.1 billion pound, which is a
foundation for trade and investment development, creating a strong framework
for UK and Vietnamese businesses.
In addition, the Agreement also provides market access commitments
with a schedule to reduce preferential tariffs for import and export goods
between the UK and Vietnam. Specifically, the commitment to eliminate 65% of
tariff lines in the framework of bilateral trade continues to be maintained in
this Agreement. In the next 6 years, 99% of tariff lines will continue to be
eliminated tariffs, facilitating import and export for machinery, mechanical
equipment, and pharmaceuticals.
In addition, Vietnam has also made commitments higher than
Vietnam’s commitments in the WTO to create favorable conditions for UK
investors to access Vietnam’s markets, including finance, telecommunications
and education. This will help the UK investors to easily access the market and
make investments and set up company in Vietnam.
In the field of intellectual property, the parties continue to
commit to a high level of protection. The iconic UK products, including Scotch
whiskey, Scottish farmed Salmon, Irish whiskey and Irish cream, as well as 36
Vietnamese agricultural products, including Moc Chau tea, Buon Ma Thuot coffee,
Hai Hau rice and Phu Quoc fish sauce continue to be protected.
The official entry into force of the UKVFTA is the latest
milestone in a year of strengthening bilateral and commercial relations between
the UK and Vietnam. The implementation of the UKVFTA Agreement will help
investors and enterprises of the two countries easily make investments, ensure
the best benefits from the agreement, thereby bringing long-term economic
benefits to investment and business.
ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong
international network. We focus on customers’ needs and provide clients with a
high quality legal advice and services. For advice or services request, please
contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
Implementation of the UKVFTA Agreement
On November 25th, 2021, within the framework of Japan
visit of Vietnamese Prime Minister – Mr. Pham Minh Chinh, the Prime Minister
met the President of the Japan External Trade Organization (JETRO). During the
meeting, the Prime Minister met leaders of many large Japanese corporations,
businesses and banks and signed many investment cooperation agreements between
Vietnam and Japan.
Law Firm in Vietnam
The parties highly appreciated JETRO’s practical and effective
contributions to Vietnam in recent years in promoting investment cooperation.
In the 10 months of 2021, Japan ranked 3rd among countries making investments
in Vietnam, with a total registered investment capital of nearly USD 3.4
billion. Up to now, Japan is the second largest investor in Vietnam with over
USD 63.9 billion (accounting for 15.8% of total FDI investment).
Vietnam encourages Japanese businesses to invest and set up company in Vietnam,
apply investment registration certificates in Vietnam, expand investment
cooperation in infrastructure, energy, manufacturing industry, high-quality
agriculture, information technology, smart cities, financial and banking
services, and banking, innovation. The Government is committed to accompanying
the business community, supporting and creating all favorable conditions for
business investment activities on establishment of company in Vietnam, bringing
about more benefits for the parties, contributing to bringing Vietnam-Japan
relations to a new level.
During this visit, the two countries signed more than 40
cooperation agreements with a total investment value of more than USD 3
billion. In addition to investment commitments, during this visit, there were
many cooperation agreements on human resource training or other environmental
protection solutions signed between ministries, sectors and businesses.
In the meeting, the Prime Minister of Vietnam also met and
discussed with leaders of Nippon Foundation, MUFG Group, INFRONEER Group, JBIC
Bank, Idemitsu Group and Mizuho Bank on market development, business, human
resource training.
The Prime Minister shared with the difficulties of Japanese
businesses in Vietnam over the past time, he said that Vietnam has changed to a
safe and flexible adaptation, effectively controlling the epidemic. The
competent authorities at all levels must discuss with businesses and citizen to
deploy solutions appropriate to the situation, bring life back to normal, both
open production and business, and effectively prevent epidemics. Vietnam also
suggested that Japanese businesses corporate with Vietnamese in epidemic
prevention and control, continue to contribute to improving institutions,
training human resources, investing in hard and soft infrastructure, and
cooperating in areas such as: climate change response, digital economy, green
economy, circular economy…
In addition, to ensure investment and trade, Vietnam is expected
to start reopening international flights in early December, including flights
to Japan. This will make it easier for Japanese investors to make investment,
market surveys, and deploy their investment projects.
By the visit, Vietnam wishes to further develop cooperation in
investment, human resources and diplomacy with Japan, thereby creating
favorable conditions for investors of the two countries to expand their
business, form company in Vietnam and contribute to national economic
development.
ANT Lawyers – Law
firm in Vietnam with international standard, local expertise and strong
international network. We focus on customers’ needs and provide clients with a
high quality legal advice and services. For advice or service request, please
contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
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