Thứ Năm, 29 tháng 7, 2021
Thứ Tư, 28 tháng 7, 2021
How Foreign Entity Could Set-up Representative Office in Vietnam | ANT Consulting
A foreign business entity or a foreign trader is allowed to establish Representative Office in Vietnam according to the Commercial Law.
Representative
office of a foreign business entity in Vietnam (referred as “Representative
Office”) means a subsidiary unit of the foreign business entity, established in
accordance with the law of Vietnam in order to survey markets and to undertake
a number of commercial enhancement activities permitted by the law of Vietnam.
Representative Office will need to apply and obtain the establishment
license; and have a seal bearing the name of the representative office.
Setting up a
Representative Office is less complicated than setting up a company in Vietnam. The
Vietnam Department of Trade will be approving the establishment of
Representative Office in Vietnam while Vietnam Ministry of Planning and
Investment will be the State agency that coordinate the setting up a company in
Vietnam. The time duration to establish a Representative Office is
shorter than to establish a company. There are fewer conditions to meet
than conditions in setting up company in Vietnam. The main difference
between a Representative Office and a company in Vietnam is that the
Representative Office could not directly conduct profit making activities.
Rights of the Representative Office:
- To operate
strictly in accordance with the purposes, scope and duration stated in the
license for establishment of such representative office;
- To rent
offices and to lease or purchase the equipment and facilities necessary
for the operation of the Representative Office;
- To recruit
Vietnamese and foreign employees to work for the Representative Office in
accordance with the law of Vietnam;
- To open accounts in foreign currency and in Vietnamese Dong sourced from foreign currency at banks which are licensed to operate in Vietnam, and to use such accounts solely for the operation of the Representative Office.
Obligation of the Representative Office:
- Not to
directly conduct profit making activities in Vietnam;
- Not to enter
into commercial contracts of the foreign business entity or to amend or
supplement such contracts already signed except where the head of the
Representative Office has a valid power of attorney from the foreign
business entity;
- To pay
taxes, fees and charges and to discharge other financial obligations in
accordance with the law of Vietnam;
- To report on
the operation of the Representative Office in accordance with the law of
Vietnam
A foreign company
which has effectiveness business activities will be allowed to open the
Representative Office in Vietnam if this company has real demand to open the
market in Vietnam and meet conditions as below:
- Being a
business entity or trader recognized by the law of the country or the
territory (hereinafter referred to collectively as the country) where it
has been lawfully established or made its business registration;
- Having been
operating for at least one year after its lawful establishment or business
registration in its country.
The issuing period
will be within 20 working-days after the date of submitting the full valid
documents as requested.
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Coastal Shipping in Vietnam | ANT Consulting
1.Coastal shipping competition
According Maritime
Bureau, in 2015, although business activities of coastal shipping enterprise
still had some difficulty, the total output reached 118.7 million tons,
increasing 9.5% compared to 2014.
A Deputy Director
of Vietnam Maritime Bureau, Mr Bui Thien Thu said that domestic shipping had
taken charge of 100% of the domestic demand of coastal shipping. The domestic
container ships has increased to 39 ships, a total increase of freight load is
200% from 2013 to 2015. The coastal shipping routes has transported 6.1 million
tons of cargo including coal, slag, stone, rock, metal, fertilizers, cement,
ore, fuel oil …
In 2015, output of
goods in Vietnam’s seaport system continues an impressive growth, estimated at
427.3 million tons, rising 14.6%, in which the container reached 12 million
TEUs, rising 15.5% compared to 2014.
According to
Deputy Director of Bureau Bui Thien Thu, cargo volumes through Vietnam’s
seaport system in 2015 in accordance with the approved plan in Decision No.
1037 of the Prime Minister in 2014 was 410 million tons. Thus, the volume
outperformed 4.1% in 2015 compared with the initial plan.
However, the goods
have been misallocated between different domestic seaports. To resolve this
situation, there is a need to improve connectivity transport infrastructure and
supporting services to relocate goods in different seaports, while speeding up
the relocation of the port on the Saigon River and Ba Son shipyard.
During the year,
Vietnam Maritime Bureau has completed the review and adjustment of detailed
planning of port group 1, 2, 3, 4 and 6, thus managing the system more
effectively. The Ministry of Transportation approved this plan.
By 2016, the total
output of goods through the port system is estimated to reach 470 million tons
(increasing 10% compared to 2015), in which each container is expected to reach
13.3 million, increasing 11% TEUs.
2.Vietnam Government published policy on Coastal Shipping,
particular container services
In late May
3/2013, the Ministry of Transport has issued Document No. 128 / TB – BGTVT
decision to terminate the operation of foreign fleets in terms of container
shipping service in domestic routes, consisting of 20 units with a total
tonnage of 500,000 DWT.
The foreign ship
owners are not able to disapprove this decision since prioritising domestic
fleets is compatible with the Law of the customs, as well as commitments to the
world Trade Organization (WTO) on the protection of the members.
From 2013 to 2015,
the fleets of Vietnam were given good opportunity to win back market share in
terms of the domestic container shipping, which used to belong to the foreign
shipping companies (with an estimated value of 1,000 billion / year). There are
various container shipping companies gaining loyal leads which ground stable roots
for domestic fleets.
Also Vietnam
Maritime Bureau in collaboration with Ministry of Transport, Vinalines, Vietnam
Ship Owners Association and Vietnamese ship owners operating on domestic routes
ensure the limitation of congestion at seaport.
Average freight
rates of Vietnamese fleet are offering customer around 5.2 million / 20-foot
container for the north – south journey. This price is equivalent to the unit
price of the foreign shipping company in 2012.
There have been
more Vietnamese fleet being able to operate on domestic routes such as Hai
Phong and Cai Lan to HCMC, Ba Ria – Vung Tau and vice again.
3.Vietnam regulations establishing who can and who cannot
provide coastal shipping services, particular containers.
To ensure
sufficient capacity to meet the demand for domestic container market, in
addition to 30 domestic container shipping companies, Vietnam Maritime Bureau
has also allowed 8 foreign fleets owned by Vietnamese enterprises to operate on
domestic routes.
The biggest
difficulty for domestic container shipping companies is that market has not
completely recovered. Currently the container shipping companies from the South
to the North reach approximately 80% of capacity, while the reverse route only
reaches 50% capacity.
In long term, this
policy has enabled the Vietnamese fleet to gradually recover from difficult
period when all the domestic container shipping belonged to foreign companies.
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Thứ Tư, 7 tháng 7, 2021
Czech Republic Wants to Promote Investment Cooperation with Vietnam | ANT Consulting
The traditional friendship and
multifaceted cooperation between Vietnam and the Czech Republic have been
constantly being promoted and promoted by the two countries’ people. Today
Vietnam is still a familiar destination for Czech businesses to set up
business in Vietnam.
At the
Czech-Vietnamese Business Conference recently held in Hanoi, Deputy Minister of
Industry and Trade of the Czech Republic – Mr Vladimir Bartl said that Vietnam
is increasingly attracting investment from abroad, including the Czech
Republic. The Czech Republic wishes to promote cooperation and investment
between the two countries’ businesses in the areas such as environmental
protection, mining technology, construction technology, chemicals,
telecommunications, radar, industrial machinery and agriculture, especially
biotechnology and nanotechnology.
On the Vietnamese
side, the Vice President of the Vietnam Chamber of Commerce and Industry (VCCI)
said that the economic and trade development between the two countries is based
on three main features.
First, in terms of
bilateral relations, trade exchange between the two countries have a stable
growth and strong development. The potential investment cooperation areas
between the Czech Republic and Vietnam are agricultural products, textiles,
machinery and equipment, hospital medical equipment, energy and information
technology.
Second is
multilateral relations, Vietnam is now an important gateway to trade in ASEAN,
the market with over 600 million people. The Czech businesses will have to
prepare investment plans, not only with the Vietnam market with more than 90
million consumers but also to deepen access to the ASEAN market.
Meanwhile, the
Czech Republic is the gateway for goods to enter the European Union (EU).
Especially when the EU – Vietnam Free Trade Agreement (EVFTA) comes into
effect, it will facilitate Vietnamese products entering the European market.
Finally, the
cooperation between Vietnam and the Czech Republic is always given priority by
the business community and the two Governments. The sixth session of the
Intergovernmental Committee of Vietnam – Czech Republic is taking place in
Hanoi, with the presence of many businesses of the two countries, especially
the presence of Mr Vladimir Bartl has demonstrated this special relationship.