ESTABLISHING AN EXPORT PROCESSING ENTERPRISE WITH 100% FOREIGN CAPITAL IN VIETNAM IN 2020

An export processing enterprise is not a new type of enterprise under the Enterprise Law 2014, but merely an enterprise with specific conditions and specific production and business activities. In order to establish an export processing enterprise with 100% foreign capital in Vietnam, the investor is required to carry out the following process:

I. Carrying out procedures for granting investment registration certificates

Foreign investors who are intending to invest in the Vietnamese market must carry out procedures for the grant of the Investment Registration Certificates according to the provisions of the Investment Law.

II. The investor carries out the procedure of establishing an Export Processing Enterprise in the form of an Economic Organization to carry out the Investment project and business activities

The most common type of business that investors can choose is the One Member - Limited Liability Company (in case there is only one investor).

In the application form for enterprise registration, the investor should check the box in the content box: "The enterprise is located in an industrial park, export processing zone" if the investor intends to set up a company with the address in the export processing zone

* Dossier for establishing an Export Processing Enterprise in the form of an Economic Organization

1. The application form for supplement and update on business registration information;

2. The company charter;

3. ID card/Passport of the legal representative of the company and the authorized representative;

4. The list of authorized representatives of the company;

5. Valid copies of the following papers:

- One of the personal identification papers specified in Article 10 of Decree No. 78/2015 / ND-CP of the company owner in case the company owner is an individual;

- Establishment decision or certificate of enterprise registration or other equivalent documents, charter or other equivalent documents of the company owner in case the company owner is an organization (except for the case where the owner company ownership is the State);

- An investment registration certificate, for cases where an enterprise is established by a foreign investor or a foreign-invested economic organization according to the Investment Law and its guiding documents.

6. Authorization document of the owner for the authorized person in case the company owner is an organization.

III. Incentive regulations for export processing enterprises

1. Export-processing zones and enterprises may apply legal provisions applicable to free trade zone, except for preferences for free trade zones in border-gate economic zones. Provisions with respect to an export-processing enterprise are specified in the Investment certificate or in documents of a competent investment registry, for cases not subject to procedures for issuance of the Investment certificate.

2. Export-processing zones or enterprises are separated from other areas with fence and wall systems that have entry and exit gates and doors to ensure conditions for the inspection, supervision, and control by customs and relevant functional agencies.

3. Export-processing enterprises may purchase building materials, stationery, foodstuffs, and consumer goods from Vietnam’s inland area to serve the construction of works for the administration of their office apparatus and daily-life activities of their employees.

Export processing enterprises and entities selling products to export processing enterprises may choose to or not to carry out import, export, and customs procedures for these goods.

4. Customs procedures and procedures for customs inspection and supervision of exported and imported goods of export processing zones and enterprises shall comply with the customs law.

5. Relations of goods exchange between export processing zones/enterprises and other areas within Vietnam’s territory, except for cases specified in Clause 3 of this Article and other cases not subject to customs procedures as prescribed by the Ministry of Finance, are regarded as import and export relations.

Export-processing enterprises may sell disposal properties of enterprises and goods to the Vietnamese market according to law provisions on investment and trade. At time of sale/disposal to Vietnamese market without application of policies on the management of exported/imported goods, unless goods are subject to management under specialist conditions/standards or specialist inspection that has not been carried out during the import period, goods that are under management with license must be approved with a written document by an agency in charge of licensing the import.

6. When carrying foreign exchange from Vietnam’s inland area into export-processing zones/enterprises and vice versa, staff and workers working in these export-processing zones/enterprises are exempt from customs declaration.

7. Export processing enterprises obtaining the License for goods purchase and sale and activities directly related to goods purchase and sale in Vietnam must open an accounting book for finalizing separately revenues and costs related to the purchase and sale of goods in Vietnam and shall arrange a storage area separate from the storage area of goods serving the production of export-processing enterprises or establish a separate branch that is located outside the export-processing enterprises and zones to carry out such activities

According to the Decree No. 114/2015/ND-CP amending and supplementing Article 21 of the Government's Decree No. 29/2008/ND-CP of March 14, 2008, export-processing enterprises may apply the provisions for with non-tariff areas minus special incentives for non-tariff areas in border-gate economic zones

If the Client intends to set up an export processing enterprise in Vietnam, do not hesitate to contact directly Doanh Tri Law in the following forms:

Hotline: (+84) 911.233.955

Email: [email protected]

Doanh Tri Law is willingly pleased to accompany and cooperate with our customers!

Best regards./.