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FOREWORD

The sale of goods is one of the business activities of many foreign investors in Vietnam today. Under current regulations, it is a business sector where foreign investors have conditional market access. These conditions result from the licenses that enterprises must obtain to engage in the sale of goods or activities directly related to the sale of goods, as well as restrictions on certain types of goods that Vietnam has not committed to distribute, as provided in Vietnam's Schedule of Commitments upon accession to the World Trade Organization (WTO).

As there are many conditions to be met when entering the market, many foreign-invested enterprises face difficulties in meeting the above-mentioned conditions before they are officially entitled to conduct the sale of goods or other related activities.

Recognizing the need for enterprises to understand the regulations in the sale of goods or activities directly related to the sale of goods, HM&P Law Firm ("HM&P") has compiled this document to introduce some procedures that enterprises may need to carry out when engaging in the sale of goods or activities directly related to the sale of goods.

This publication has been prepared on the basis of the process of providing services to clients and the practical experience of HM&P lawyers in representing clients in proceedings before the competent authorities. Through this publication, we hope to assist companies in facilitating the implementation of these procedures. 

If you have any question about this Legal Guidelines or HM&P’s services, please contact us:

Our Managing Partner:

Lawyer Nguyen Van Phuc

Phone: 0932 768 630

Email: phuc.nguyen@hmplaw.vn

HM&P Law Firm

Address: 7th Floor, ITAXA Building, 126 Nguyen Thi Minh Khai, Vo Thi Sau Ward, District 3, HCMC

Phone: +84 28 73080839

Email: counsel@hmplaw.vn

Website: hmplaw.vn

A. THE SALE OF GOODS ACTIVITIES OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM

I. Procedures for issuing Licenses for the sale of goods and activities directly related to the sale of goods for the foreign-invested enterprises

1. Procedure overview  for issuing Licenses for the sale of goods and activities directly related to the sale of goods for the foreign-invested enterprises

Note 1: In case the enterprise has already had retail facilities in Vietnam, after receiving the capital to become the foreign-invested enterprise, it will be subject to the case stipulated in point b and c clause 1 of Article 23 of the Law on Investment and shall carry out procedures for issuance of Trading License. This is the circumstance where the License is issued under Clause 6 Article 5 of Decree 09/2018/ND-CP. (Regarding enterprises falling into point b and c of Clause 1 Article 23 of the Law on Investment, please refer to the content instructed by HM&P ar Section 8, Publication on Investment in Vietnam, retrieved at: https://hmplaw.vn/en/investment-in-vietnam-some-typical-obstacles-en)

Note 2: Number of application sets:

• If the Trading License is issued to exercise the right to retail distribution of goods other than rice, sugar, recorded items, books, newspaper and magazine: 01 set;
• If the Trading License is issued to exercise the right to retail distribution of goods that are rice; sugar; recorded items; books, newspapers and magazines: 03 sets;
• Other cases: 02 sets

2. Application order for issuing Licenses for the sale of goods and activities directly related to the sale of goods for the foreign-invested enterprises

Trading License for the sale of goods and activities directly related to the sale of goods (Front page).

Trading License for the sale of goods and activities directly related to the sale of goods (Back page).