Is Vietnam's government stable enough to smoothly set-up a foreign start-up business?

Vietnam became the 150th member of the World Trade Organisation (WHO) in 2007. This opened the entranceway for foreigners to get and operate businesses in Vietnam. Individuals and organisations are permitted to choose their area of investment, the structure of their business and the technique where capital is raised, so long as their choices are in compliance with Vietnamese law, international treaties and commitments.

Before starting a business in Vietnam, there are a few things you should keep in mind:

Setting-up a foreign-owned business in Vietnam can be done and even encouraged by the Vietnamese government, although the laws are complex and the procedure could be complicated. Modern business law is in its infancy in Vietnam. Regulations could be incomplete, ambiguous and at the mercy of conflicting interpretations by different government agencies. Getting the help of a skilled and well-connected Vietnamese lawyer is strongly suggested.

Foreigners are permitted to possess and operate their own businesses in Vietnam, either through indirect or direct foreign investment. Indirect investment could be created by individuals or organisations that may buy shares in Vietnamese firms or invest through stocks, investment funds or use other intermediate financial instruments. Businesses that are wholly foreign-owned or are taking part in joint ventures with a Vietnamese business are believed to be foreign direct investments (or FDI).

Exercising rights of importation and distribution:

According to regulated at Provision 1, Article 4, Decree 23/2007/ND-CP dated February 12 2007 of the federal government providing detailed guidance of Law of Commerce’s regulations on goods trading and directly related activities of FIEs in Vietnam (So called known as “Decree 23/2007/ND-CP”), an FIE is permitted exercise its rights to import and distribute goods in Vietnam if it meets the next requirements:

- The Investor is from a country or territory which really is a member of international treaties to which Vietnam is engaged and focused on open markets for goods trading activities and related;

- Type of investment should be in keeping with the roadmap of commitments under international treaties to which Vietnam is an associate and relative to regulations of Vietnam;

- Goods and services should be relative to market opening commitments of Vietnam and with of regulations of Vietnam;

- Scope of operation should be relative to the marketplace access commitments of Vietnam and with regulations of Vietnam;

- The business gets the approval of the competent authorities in Vietnam.

According to Vietnam's commitments to the WTO, since 2009, foreign investors have entitlement to import and distribute goods by means of a company with 100% foreign capital.

To guarantee the eligibility for licensing, as well as the above conditions, you additionally have to guarantee the following requirements:

- You must be considered a manufacturer of electric and electronic products likely to be distributed in Vietnam or be considered a trusted trader of electric and electronic products in the your country;

- The results of business operation in the your country should be positive, shown in the audited financial statements of the last 2 yrs;

- Registered office of the business or wholesale, shops must be in keeping with the look of Vietnam. Normally, investors will need to have accommodations office within a workplace for the Company’s hq and/ or a location for wholesale and retail at a planned-in-advance trade center;

- Investment capital should be sufficient to guarantee the feasibility to implement business projects in Vietnam.

Vietnam is among the better places in Asia for for foreign investors - given its recent rises in number of national economic centers, industrial parks, rental factory, and warehouses. Even though Vietnamese government is encouraging foreign investors (as a way to bring in foreign currency), they are not paying enough attention to improve the legal procedure and legal structure in regards to foreign investment.

Source: quora

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