Is a foreign-invested enterprise established in Vietnam by a foreign trader a Vietnamese trader or a foreign trader?

Pursuant to the provisions of Article 4 of the 2005 Commercial Law There are regulations on foreign traders conducting commercial activities in Vietnam specifically as follows:

“Foreign traders conducting commercial activities in Vietnam

1. Foreign traders are traders established and registered for business in accordance with foreign laws or recognized by foreign laws.

2. Foreign traders are allowed to set up representative offices and branches in Vietnam; Establish in Vietnam a foreign-invested enterprise in the forms prescribed by Vietnamese law.

3. Representative offices and branches of foreign traders in Vietnam have rights and obligations according to the provisions of Vietnamese law. Foreign traders must be responsible before Vietnamese law for all activities of their Representative Offices and Branches in Vietnam.

4. Enterprises with foreign investment capital established in Vietnam by foreign traders in accordance with Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member are considered traders. Vietnamese people.”

Thus, according to the above regulations, foreign-invested enterprises are established in Vietnam by foreign traders in accordance with Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member. Members are considered Vietnamese traders.