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Foreign investors establish logistics companies
In the structure of the national economy, Logistics is increasingly developing to become a service industry that plays an extremely important role in supporting the promotion of socio-economic development, contributing to improving competitiveness in the economy. Developing the logistics service market will create opportunities for businesses of all economic sectors to develop, encouraging the attraction of domestic and foreign investment capital. Therefore, the logistics sector is increasingly attracting the attention of many foreign investors to invest and establish logistics companies in Vietnam.
Learn about types of logistics services
Logistics is a commercial activity in which traders perform tasks such as planning, controlling the efficient transportation and storage of goods, services as well as related information from the place of origin to the place of consumption according to the agreement with the customer to receive remuneration. Therefore, in Vietnam, there are types of logistics services including:
- Container unloading services (except services provided at the airport).
- Delivery services.
- Freight agency services.
- Customs clearance agency services.
- Air freight agency services.
- Freight transport services under sea transport services.
- Freight transport services under road transport services.
- Multimodal transport services.
Conditions for foreign investors when doing business in logistics services.
Investors:
- Being a citizen of a country or territory that is a member of the WTO.
- Provide full legal documents proving personal status such as: identity card, passport, citizen identification card.
- Traders doing business in specific logistics services must meet the conditions on investment and business according to the provisions of law for that service.
Capital contribution ratio:
- In the case of doing business in freight transport services belonging to maritime transport services, they can establish a company or contribute capital, buy shares, and capital contributions in an enterprise, but the investment capital of foreign investors cannot exceed 49%.
- Businesses in container handling services belonging to maritime transport support services can establish a company or contribute capital, buy shares in a company, but the capital contribution ratio cannot exceed 50%.
- If the freight transport service business is a road transport service, foreign investors are allowed to establish a company or contribute capital, buy shares, however, the capital contribution must not exceed 51% and 100% of the company’s drivers must be Vietnamese citizens.
Note: Each form of logistics business will have different regulations on the capital contribution of foreign investors. See more: https://siglaw.com.vn/thanh-lap-cong-ty-logistics-co-von-nuoc-ngoai.html
Procedures for foreign investors to establish a logistics company in Vietnam.
Procedure 1: Apply for an investment registration certificate.
Foreign investors submit 01 sets of documents to apply for an investment registration certificate to the investment registration agency. The investment registration dossier includes:
- A written request to implement an investment project (according to Form A.I.1 issued with Circular 03/2021/TT-BKHĐT);
- Certified copy of personal identification documents (ID card, citizen identification card or passport) for individual investors; copy of Business Registration Certificate for institutional investors;
- Certified copy of one of the documents related to the investor (financial statements of the last 2 years of the investor; Financial support document/commitment of the parent company; Decision/commitment of financial support of the financial institution; …);
- The investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment progress, labor demand, proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;
- Explanation document on the technology used in the project;
- Location lease contract or other documents confirming the investor’s right to use the location to implement the investment project.
Submit the application for investment registration certificate to the investment registration agency:
- Management board of industrial parks if the headquarters is located in the industrial park.
- Foreign economic affairs department – Department of Planning and Investment at the provincial/municipal level if the headquarters is located outside the industrial park.
Within 15 working days from the date of receipt of the dossier, the Investment Registration Office – Department of Planning and Investment/Management Board of Industrial and Export Processing Zones of the province/city directly under the Central Government shall consider and issue the investment registration certificate; in case of refusal to issue, it must be made in writing and clearly state the reason.
Procedure 2: Registering to establish a foreign-invested logistics company.
The investor submits 01 set of documents to register to establish a company to the Business Registration Office under the Department of Planning and Investment where the enterprise is headquartered. The dossier includes:
- Application for business registration (According to the form in Circular 02/2019/TT-BKHĐT);
- Company charter;
- List of members (for LLCs) or list of shareholders (for joint stock companies);
- A valid copy of one of the following documents: Personal identification documents: Citizen identification card, Identity card, Passport or other legal personal identification of founding shareholders and individual shareholders who are foreign investors; Decision on establishment of a foreign legal entity, Certificate of business registration or other equivalent documents of the organization and authorization document; Personal identification documents of the authorized representative of founding shareholders and shareholders who are foreign investors who are organizations;
- Issued investment registration certificate.
Where to submit the application for a business registration certificate:
- Business registration office – Department of Planning and Investment.
- Submit the application online at the national information portal on business registration (dangkykinhdoanh.gov.vn).
After receiving the application, the Business registration office will issue a receipt of the application to the applicant. Within 03 working days from the date of receiving the dossier, the Business Registration Office – Department of Planning and Investment will issue a business registration certificate. In case of refusal, a written notice stating the reason must be given.
Procedure 3: Complete post-establishment procedures.
Investors need to complete the following tasks for the company to operate:
- Register an investment reporting account;
- Open a bank account;
- Register employees;
- Apply for sub-licenses.
Logistics company establishment service of Siglaw law firm
| Consulting support |
|
| Instructions for preparing documents | Instructions for preparing documents and information needed to prepare an application for registration to establish a logistics company. |
| On behalf of clients, carry out procedures at competent state agencies | Quick and convenient procedure |
| Experience | > 10 years |
Siglaw is always ready to discuss and support customers with necessary information during the process of customers carrying out procedures. Please contact Siglaw for specific advice.
| Company establishment services | Siglaw provides full-package |
|---|---|
| Register for business license | Procedures for individuals and organizations to be allowed to do business |
| Work permit service | Help customers shorten the time to receive work permits, consult and support to prepare complete documents |
| Sublicense service | With many years of experience consulting on applying for all kinds of sub-licenses. |
| Temporary residence card service | Ensure to provide good quality service |
| Frequent legal advice services | A team of highly qualified legal consultants ensures compliance with the law |
| Overseas investment services | Consulting on completing documents and procedures for quick overseas investment. |
Phone: (+84) 961 366 238
Email:
Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.
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