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WHY VIETNAM SHOULD BE YOUR TARGETED EXPANSION MARKET

Vietnam’s booming economy, strategic location, and a young, tech-savvy workforce make it an ideal expansion market. With a growing middle class and favorable business climate, tapping into Vietnam offers tremendous growth potential for businesses of all sizes. Let us explore why Vietnam has become so attractive to investors and companies who want to establish their business in this country.

Frequently Asked Questions & Answers

See our brief explanations to some of the mostly asked questions from our clients, details can be provided by our experts

Incorporation Topic

Many industries in Vietnam, for instant consulting, trade, IT, and retail, allow 100% foreign ownership. Nevertheless, it’s crucial to note that sectors like logistics, advertising, and media might have limitations on the degree of foreign ownership permissible.

Both foreign and local investors have several options for establishing a Vietnamese legal entity for their projects, including:

  • Limited liability company (LLC): Can be a single-member (SLLC) or have up to 50 members (MLLC).
  • Shareholding or joint stock company (JSC): Requires at least three shareholders with no maximum limit.
  • General partnership or limited liability partnership.
  • Private enterprise (similar to a sole proprietorship).

As per the regulations, the invested funds are usable for the company’s purposes, covering expenses like rent and employee salaries. However, if you use up all of your initial capital and plan to infuse more funds, you’ll need to modify your business license, which can be a lengthy procedure.

Typically, setting up a company in Vietnam takes 1 to 2 months, but it can vary based on conditional or unconditional categories. The specific city where registration occurs also affects processing times, with cities like Ho Chi Minh City often processing faster than Hanoi or Danang.

Many businesses typically don’t have a set minimum capital requirement, giving you flexibility in choosing an appropriate amount. However, having a significant capital is advisable if you plan to use the company for your investor visa. Certain specialized businesses might have specific capital requirements.

Operation Topic

  • Corporate income tax of 20% charged annually on total profits, with possible exceptions like tax breaks or lower rates for certain industries
  • Value added tax of 0%, 5% or 10% applied based on the product or service, with imports and exports attracting different rates
  • Personal income tax from 5% to 35% imposed on individual income, both local staff and foreign residents, with multiple influencing factors like deductions
  • Foreign contractor tax of 2-5% levied on services provided by offshore companies to local Vietnamese firms, depending on service type
  • Annual business license tax mandated in the first fiscal month, calculated based on capitalization, ranging from $45 to $140

An Employer of Record (EOR) is a local entity assuming legal responsibilities, such as payroll, taxes, benefits, visas, and more, on behalf of a hiring company, making offshore company registration in Vietnam more straightforward. EOR services aim to simplify complexities in managing employees for foreign company formation in Vietnam.

To obtain a long-term stay permit in Vietnam, you need to meet specific criteria based on your purpose of stay, such as investment, work, study, or family relationship. For investors, owning or co-owning a Vietnamese company is required. Work permits and sponsorship are necessary for work-related permits.

Vietnam does not offer citizenship through investment. However, it offers Temporary Resident Cards (TRCs) based on substantial capital investments, allowing extended stays. Another option is the Investor Visa, renewable for ongoing businesses. These avenues facilitate residency but do not grant citizenship. Citizenship is not available through investment in Vietnam.

A Temporary Resident Card (TRC) is a long-term visa for foreigners, allowing residence in Vietnam for up to 5 years. It eliminates the need for yearly visa renewals, grants the right to sponsor family members, and requires meeting specific criteria, including a clean record and a Vietnamese sponsor’s invitation.

Are foreign trader representative offices allowed to conduct trade promotion activities?

This article delves into the question of whether foreign traders’ representative offices are allowed to engage in commercial promotion activities. It begins by defining commercial promotion and enumerating its legal activities. According to Article 10 of the 2005 Commercial Law, commercial promotion involves activities aimed at promoting and seeking opportunities for buying and selling goods and services. These activities include promotion, commercial advertising, product display, service introduction, and trade fairs and exhibitions.

Furthermore, the article explores the permissibility of using money as promotional merchandise. According to Decree 81/2018/ND-CP, money can be utilized as promotional goods except in certain cases outlined within the decree.

Lastly, it investigates the role of foreign traders’ representative offices in Vietnam. While these offices are permitted to conduct commercial promotion activities within the legal framework, they are restricted from directly engaging in profit-making activities in Vietnam, as outlined in Article 6 of the 2005 Commercial Law and Article 18 regarding the obligations of representative offices.

In conclusion, foreign traders’ representative offices in Vietnam are allowed to conduct commercial promotion activities within the boundaries set by Vietnamese commercial law.

How is the establishment of foreign trade promotion organizations regulated in Vietnam?

The organization of foreign trade promotion in Vietnam is a significant aspect of business activities in commerce and related sectors. This article aims to clarify the concept of trade promotion, its characteristics, forms, and the principles governing the organization of foreign trade promotion in Vietnam.

Trade promotion involves activities aimed at stimulating and seeking opportunities for buying and selling goods and services, including promotional activities, commercial advertising, exhibitions, and trade fairs. Understanding the principles and regulations governing foreign trade promotion organizations is essential for businesses operating in Vietnam.

Foreign trade promotion organizations in Vietnam must adhere to specific principles, including establishing a representative office in Vietnam and operating in accordance with Vietnamese law. This includes the recruitment and appointment of foreign personnel, compliance with labor laws, and assuming legal responsibility for all activities conducted within Vietnam.

The functions of foreign trade promotion organizations include facilitating communication, supporting foreign enterprises in accessing the Vietnamese market, providing economic and trade information, and fostering trade relations. However, these organizations must operate within the confines of Vietnamese law and adhere to the regulations governing their activities.