I. Legal basis

• Decree No. 09/2018/ND-CP providing regulations on the issuance of Business Licenses and Establishment of Retail Outlets Licenses
• Decree No. 52/2013/ND-CP
• Decree No. 85/2021/NĐ-CP
• Decision No. 233/QD-BCT of 2018

II. Subjects eligible to apply for an E-Commerce Business License

Organizations or enterprises engaged in e-commerce business activities must apply for licensing if they own and operate one of the following types of websites:

• E-commerce marketplace: Providing an intermediary platform for buyers and sellers to conduct online transactions.
• Online promotion website: Assisting enterprises in promoting their products and services through promotional programs. 
• Online auction website: Allowing users to participate in the auction of products or services.

Pursuant to Decree No. 52/2013/ND-CP, in case that individual or foreign enterprise conduct E-commerce services in Vietnam, it is mandatory to have existence in Vietnam through investment activities, branches or liaison office establishment, or website establishment under Vietnamese domain. 

Furthermore, pursuant to Decree No. 85/2021/NĐ-CP foreign trader or organization conducting E-commerce services website in Vietnam shall register E-commerce services in accordance with this Decree and establish liaison office in Vietnam regulated by Law or assign authorized representatives in Vietnam. 

III. Conditions for granting a Business License to Foreign-Invested Economic Organizations for the provision of E-commerce services

In order to be granted a business license, a foreign-invested economic organization providing e-commerce services must satisfy the following conditions:

• (1) Having a financial plan to carry out the activities for which the Business License is requested;
• (2) Having no overdue tax liabilities if established in Vietnam for one year or more.
• (3) Satisfying conditions regarding market access stipulated in Conventions or treaties that Vietnam is a party.
• (4) Meeting the following criteria if the foreign investors are from nations, territorial areas that are not parties to Conventions or treaties to which Vietnam is a party:
  • Compliant with the provisions of the specialized law;
  • Competitive with domestic enterprises operating in the same sector;
  • Capable of generating employment for the domestic workforce;
  • Capable of contributing to the state budget and at a significant level.

IV. Dossier for applying for a Business License by a Foreign-Invested Economic Organization to provide E-Commerce services

Pursuant to Decision No. 233/QD-BCT of 2018 on the newly issued administrative procedures and the administrative procedures abolished or annulled in the field of international trade under the management authority of the Ministry of Industry and Trade, the dossier for applying for a business license by a foreign-invested economic organization providing e-commerce services includes:

• (1) Application for the Business License;
• (2) Explanatory statement containing the contents prescribed in Clause 2, Article 12 of Government Decree No. 09/2018/ND-CP;
• (3) Documentation from the tax authority certifying that there are no overdue tax liabilities;
• (4) A copy of the Enterprise Registration Certificate;
• (5) A copy of the Investment Registration Certificate for the project engaging in the trading of goods and activities directly related to the trading of goods (if any).

V. Timeframe for processing the business license application for Foreign-Invested Economic Organizations

The timeframe for processing the business license application for foreign-invested economic organizations to provide e-commerce services is 28 working days from the date of receipt of a complete and valid dossier.

VI. Conclusion

The procedure for applying for an e-commerce business license for foreign-invested enterprises is a highly specialized process that requires full compliance with the legal conditions stipulated in Decree No. 09/2018/ND-CP and other relevant e-commerce legislation. Enterprises must correctly identify the applicable type of business, prepare the dossier in accordance with the regulations, and fully satisfy the requirements regarding financial capacity, tax obligations, and the evaluation criteria set by the competent authorities.

Obtaining the business license is not only a mandatory requirement for foreign enterprises to lawfully provide e-commerce services in Vietnam, but also serves as a foundation for establishing stable, transparent business operations in alignment with the State’s market management strategy. Therefore, enterprises are advised to proactively review their dossiers, comply with the prescribed procedures, and may consider engaging professional legal advisory services to ensure that the process is carried out promptly, accurately, and efficiently.

VII. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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