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Foreigners who want to open a trading company import and export of computer field, it can directly establish the company's name does not? If so, what restrictions whether foreigners or not? Thank you!

Question
Foreigners who want to open a trading company import and export of computer field, it can directly establish the company's name does not? If so, what restrictions whether foreigners or not? Thank you!
Answer
On the right of incorporation:
Pursuant to Clause 1, Article 13 of the Law on Enterprises in 2005 by brothers and sisters, you are absolutely right to establish limited company in Vietnam.
According to Decree 108/2006 / ND-CP detailing and guiding the implementation of some articles of the Law on Investment
Article 7. Establishment of economic organizations with 100% of investors
1. The domestic investment, foreign investors may invest in the form of 100% to the establishment of a limited liability company, joint stock companies, partnerships, private enterprises under the provisions of Business Law and related legislation.
2. Business 100% foreign investment was established in Vietnam to cooperate with each other and with foreign investors to invest in the establishment of enterprises with 100% foreign invested new.
3. Enterprises with 100% foreign investment have legal personality under the law of Vietnam, founded and operate from the date of issuance of investment certificates.
Do you want your business to the field of export and import business field conditions for foreign investors. So, your friend should note the following issues:
Currently, the verification procedure for certificates of investment in business have filled event will be based on the size of the project investment. Specifically as follows:
1. For investment projects with investment capital of 300 billion VND Vietnam in the fields of investment and conditions:
According to Article 46 of Decree 108/2006 / ND-CP, verifying records for investment projects with investment capital of 300 billion VND Vietnam and investments in sectors that: (i) text registered investment (form); (ii) business cooperation contracts for investment in the form of business cooperation contract; (iii) Report on the financial capacity of investors (investors by establishing and responsibility); (iv) business registration dossier corresponding to each type of enterprise in accordance with the law on enterprises; and (v) Explanation ability to meet the conditions which projects must meet.
2. For projects with capital investment of 300 billion or more and Vietnam in the field of investment conditions:
As stipulated in Clause 1, Article 47: "For domestic investment projects, project investment scale foreign investment from Vietnam and three hundred billion or more and projects on the list of projects investment conditions must perform verification procedures for investment certificate "
According to Article 47 of Decree 108/2006 / ND-CP, verifying records for investment projects with capital investment of 300 billion or more and Vietnam in the field of investment conditions are: (i) a written request for investment certificate (form); (ii) Documents certifying the legal status of the investor; (iii) Report on the financial capacity of investors (investors by establishing and responsibility); (iv) economic report - Technical; (v) business cooperation contracts for investment in the form of business cooperation contract; (vi) Explanation ability to meet conditions of market participants; and (vii) business registration dossier corresponding to each type of economic organization in accordance with the law on enterprises.
Thus, the establishment of your company you will have to perform verification procedures for investment certificate
Some issues to note about the conditions for the export and import of foreign investors
Under the provisions of Annex III of Decree 108/2006 / ND-CP of the Government dated 22/09/2006 guiding the implementation of some articles of the Law on Investment, the field of export, import, distribution of the field business conditions for foreign investors. You need to apply for your license to export and import
You can also refer to Decree No. 12/2006 / ND-CP of the Government dated 23/11/2006.
Regarding the right to operate import and export enterprises with foreign investment based on:
+ Item 4 of Article 8 of the Enterprise Act 2005 provides: "Sales export and import" is right now.
+ Article 3 of Decree No. 12/2006 / ND-CP of the Government dated 23/11/2006 detailed regulations to implement the Law on Trade in commodities trading activities and the activities of international and agency activities , purchasing, selling, processing and transit of goods with foreign countries, stipulating the business of import and export.
Import Export is not business as registered businesses should not have to register business export something specific. When businesses want to operate import and export business, the business registration only declare tax registration information is engaged in "Export". Information about business registration of export or may not be current national network of business registration gia.vv ... simultaneously be connected with agencies such as the tax office, customs ...
However, business is import and export business field conditions prescribed by law subjects; now eligible new businesses export, namely:
  - Goods exported and imported under license, traders want to export and import must be licensed by the Ministry of Commerce or the Ministry of professional management.
- Goods exports, imports must meet the relevant regulations on animal and plant quarantine, food safety and hygiene standards, quality, shall be subject to inspection by the state agency specialized industry before clearance

author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

Điện thoại: (024) 730 86 999 / Mobi: 090 45 45 299

Email: infor@hado-law.com / Email: infor.ssv@gmail.com