If foreign investor would like to set up a Vietnam company for export of goods, we would like to advise as follows:
According to the Item 1, Article No. 4 of Decree No.23/2007/ND-CP dated 12 February 2007 of the Government providing regulation for implementation of commercial law regarding purchase and sale of goods and activities directly related to the purchase and sale of goods by enterprises with foreign owned capital in Vietnam (Hereinafter referred to as “Decree No.23/2007/ND-CP”), foreign investors who satisfy following conditions shall be entitled to license for activities of exports in Vietnam:
It is an investor belonging to a country or territory participating in an international treaty of which the Socialist Republic of Vietnam is a member and in such treaty Vietnam has undertaken to open the market on activities of purchase and sale of goods and activities directly related to purchase and sale of goods;
The form of investment is consistent with the schedule/s undertaken in international treaties of which the Socialist Republic of Vietnam is a member and is consistent with the law of Vietnam;
The goods and services in which business is conducted are consistent with Vietnam’s undertaking to open the market and are consistent with the law of Vietnam;
The scope of operation is consistent with Vietnam’s undertaking to open the market and is consistent with the law of Vietnam;
It has approval from the State body authorized in Vietnam.
Under Vietnam WTO’s Commitments, from the year of 2009, foreign investor is entitled to join goods exports activities in Vietnam.
We would like to note that under Vietnam Law, export right granted to the Foreign Company does not comprise right to setup network in Vietnam for purchasing goods. Thus, it is impossible for you to setup a FIC to directly purchase products from unregistered dealers and farmers in Vietnam.
