Enterprises with foreign investment are eligible for trade Does a foreigner established in Vietnam have the right to apply for a License to establish a retail establishment?

1. The rights and obligations of foreign-invested enterprises are stipulated in Article 21 of the 2005 Commercial Law. Specifically as follows:

Rights and obligations of foreign-invested enterprises

The rights and obligations of foreign-invested enterprises are determined according to the provisions of Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

Besides, according to the provisions of Clause 3, Article 5, Decree 09/2018/ND-CP There are regulations on granting business licenses and licenses to establish retail establishments as follows:

“3. Economic organizations with foreign investment capital have the right to apply for a License to establish a retail establishment after having a Business License and documents on the location of the retail establishment.

4. In case the location of the first retail establishment is in the same province/centrally-run city as the head office, the economic organization with foreign investment has the right to apply for a Business License at the same time as the License to establish the first retail establishment. Documents and order of implementation comply with the provisions of Article 20 of this Decree.

5. Economic organizations falling into the cases specified in Points b and c, Clause 1, Article 23 of the Investment Law must meet the conditions and carry out: Procedures for granting a Business License when carrying out activities requiring a Business License. joint; Procedures for granting a License to establish a retail establishment when establishing a retail establishment, according to the provisions of this Decree.”

Thus, according to the above regulations, foreign-invested enterprises have the right to apply for a License to establish a retail establishment after having a Business License and documents on the location of the retail establishment.

2. Are Vietnamese traders allowed to operate in the non-tariff zone?

Subjects permitted to operate in non-tariff zones are specified in Article 5 of the Regulations on operations of non-tariff zones in economic zones and border-gate economic zones issued by the Prime Minister together with Decision 100/2009. /QD-TTg as follows:

“Subjects allowed to operate in the non-tariff zone

Entities operating in the non-tariff zone (hereinafter referred to as non-tariff zone enterprises) include:

- Vietnamese traders;

- Branches and representative offices of Vietnamese traders;

- Branches and representative offices of foreign traders in Vietnam;

- Investors according to the provisions of investment law.

According to the above regulations, subjects operating in the non-tariff zone (hereinafter referred to as non-tariff zone enterprises) include:

- Vietnamese traders;

- Branches and representative offices of Vietnamese traders;

- Branches and representative offices of foreign traders in Vietnam;

- Investors according to the provisions of investment law.

Thus, Vietnamese traders are allowed to operate in the non-tariff zone.