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FOREIGN INVESTORS ESTABLISH FOOD PROCESSING ENTERPRISES
Domestic enterprises do not have enough potential to take advantage of the abundant and rich raw materials from agriculture, forestry and fishery and have not met the current food consumption needs of the people. That is why foreign investors see the food processing industry as a potential investment industry in Vietnam. So what are the conditions, documents and procedures for foreign investors to establish a food processing enterprise in Vietnam? Please join Siglaw to refer to the article below:
CONDITIONS FOR FOREIGN INVESTORS TO ESTABLISH FOOD PROCESSING ENTERPRISES
Vietnam has a large population and rapid growth, so the demand for food consumption of the people is very large. The food processing industry includes activities of processing products of the agricultural sector, livestock, poultry and aquatic products into food and drinks for humans and animals.
The large demand for food consumption of the people has created motivation for domestic and foreign food processing enterprises to develop not only the domestic market but also to meet export processing requirements. Therefore, Vietnamese law does not restrict or regulate business conditions for this industry. In addition, Vietnam’s WTO Commitments do not stipulate investment conditions applicable to foreign investors in the food processing industry. Therefore, foreign investors often choose to do business in this potential industry.
PROCEDURES FOR FOREIGN INVESTORS TO ESTABLISH A FOOD PROCESSING ENTERPRISE
Step 1: Apply for a Investment Registration Certificate to establish a food processing company
Step 2: Establish a business and apply for a Certificate of Business Registration for food processing
Step 3: Publish business registration information on the National Information Portal
Step 4: The enterprise carves a seal and publishes the seal sample
Step 5: Apply for a certificate of food safety and hygiene qualified facility
STEP 1: APPLY FOR INVESTMENT REGISTRATION CERTIFICATE TO ESTABLISH A FOOD PROCESSING COMPANY
✔️Application for implementing an investment project on food processing;
✔️A copy of ID card/CCCD or passport for individual investors and documents confirming legal status for institutional investors;
✔️Application for investment project proposal including detailed information about the project;
✔️A copy of documents on the investor’s financial matters;
✔️Application for land use, site lease agreement or site use rights to implement the investment project.
Agency submitting the application: Department of Planning and Investment or Management Board of industrial parks, export processing zones, economic zones and high-tech zones if the investment project is in those zones.
Time: For investment projects not subject to investment policy decisions, the deadline for returning documents is 15 – 20 working days from the date of receipt of complete documents.
STEP 2: ESTABLISH A BUSINESS AND APPLY FOR A CERTIFICATE OF BUSINESS REGISTRATION FOR FOOD PROCESSING
✔️Application for business registration for food processing;
✔️The company’s charter with the food processing industry code;
✔️List of company members(single-member limited liability company, multiple-member limited liability company)/List of founding shareholders and shareholders who are foreign investors (Joint Stock Company);
✔️Copies of the following documents:
????CCCD/ID card, passport of individual members;
????CCCD/ID card, passport of authorized representative;
????Copy of Business Registration Certificate for foreign organization members.
✔️Investment registration certificate with foreign investors according to regulations;
✔️Authorization letter if the enterprise does not directly submit the application.
Agency submitting the application: Business Registration Office under the Department of Planning and Investment
Time: 03 – 06 working days from the date of receiving complete and valid application
STEP 3: PUBLISH BUSINESS REGISTRATION INFORMATION ON THE NATIONAL INFORMATION PORTAL
Information on the establishment of a foreign-invested food processing enterprise must be published on the National Business Registration Portal within 30 days from the date of issuance of the Business Registration Certificate. According to Clause 1, Article 26 of Decree 50/2016/ND-CP, if an enterprise fails to publish or publishes the business registration content on the National Business Registration Portal within the prescribed time limit, the enterprise will be fined from VND 1,000,000 to VND 2,000,000.
STEP 4: ENTERPRISES CARVE SEALS AND ANNOUNCE SEAL SAMPLES
Enterprises can authorize or carve seals themselves and notify the Department of Planning and Investment of their company’s seal samples. Enterprises can decide on the form, quantity and content of the seals themselves, but they must show the name and enterprise code. After receiving the notification of the enterprise’s seal samples, the Business Registration Office will issue a Receipt to the enterprise, post the enterprise’s notification on the National Business Registration Information Portal and issue a notice of posting information on the enterprise’s seal samples to the enterprise.
STEP 5: APPLY FOR A CERTIFICATE OF FOOD SAFETY AND HYGIENE FOR THE FACILITY
✅Application for a sub-license certifying food safety and hygiene;
✅A notarized copy of the Certificate of Business Registration (requested in step 2);
✅A health certificate for the owner of the food processing facility and those directly involved in food processing issued by the health unit;
✅A description of meeting the conditions for facilities, equipment, and tools to ensure food safety and hygiene conditions for the food processing industry;
✅A certificate of completion of a training course on food safety and hygiene for the owner of the food processing facility and those directly involved in the food processing process.
Agency submitting the application: Department of Food Safety and Hygiene
Time: 15 – 20 working days from the date of receipt of a complete and valid application
SOME FOOD PROCESSING BUSINESS CODES
Foreign investors can refer to the following food processing business codes to choose the right business for their business:
⭐1010: Processing and preserving meat and meat products
⭐1020: Processing and preserving aquatic products and aquatic products
⭐1030: Processing and preserving vegetables and fruits
⭐1050: Processing milk and dairy products
For comprehensive free CONSULTATION ON THE SERVICE OF ESTABLISHING A FOOD PROCESSING COMPANY FOR FOREIGN INVESTORS IN VIETNAM, please contact:
Phone: (+84) 961 366 238
Email:
- vphn@siglaw.com.vn
- vphcm@siglaw.com.vn
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