Question: Hi, we are interested in incorporating a company in Vietnam to do the followings:

I. Import and distribute following products:

1  )   Wine

Red

White

Rose’

Sparkling- sweet, dry-

2)   Cold cut such as:

Raw-ham, cooked-ham,

smoked raw-ham, mortadella,

salami, italian bacon ecct…

3)   Stuffed fresh pasta:

ready to cook

4)    Italian Liquors such as:

Made by lemon/orange/cherry

Grappa

Walnut Spirit

Vermuth ( Martini kind )

ecct….

5)      Italian Coffee

6)      Food preserved in Extra

Virgin Olive Oil:

vegetable, mushrooms…

eggplant..artichokes..

7)  Sauces:

Vegetables, Pesto, Tomatoes,

Cheese…..

8)   Italian Beer

9)  Italian Chocolate

10)  Extra Virgin Olive Oil

11)  Jam and Italia Honey

12) Cheese

II. Franchise consulting.

III. Event organiser

We are going to organize events for our clients who are manufacturers of those above products with purposes of presenting their products to interested local distributors in Vietnam. We do understand some of our business lines belong to conditional business categories.

Please let us know VERY DETAILS:

– Proposal to set up company and do all the above business.

– Procedures& required documents.

– Fee structure and timeline.

Other detailed terms regarding payment schedule, deposit… shall be highly appreciated.

 

Answer: We understand that you would like to seek legal advice for setting up Foreign Invested Company in Vietnam for (i) importing and trading foods and beverage, (ii) Franchising Consultation and (iii) Event Organizer. Having carefully reviewed and study your plan, we noted that most of your business activities fall in business field restricted by Vietnam Government. Please find detailed information as follows:

1. Import and distribute wine, red, white, rose sparkling-sweet, dry: Vietnam Government trends to restrict both of Foreign Investors and Vietnamese Investors involving with import and distribution of alcohol or wine products. According to our experience, Vietnam Government has only permitted 02 foreign investors to setup foreign invested company for importing and distributing wine manufactured by the parent company. The license was restricted into 5 years. Furthermore, after setting up the company, you also are required to further obtain sub-license for whole sale or retailed sale of wine which takes you time and cost. We are of opinion that possibility of obtainment of sub-license for whole sale of wine in Vietnam now is very minor due to that network of whole sale of wine in Vietnam under the approved master plan is almost full. Then, you should consider to acquire existed local company which has been license for conducting whole sale of wine. This option shall be more feasible.

2. Ham, Liquors, coffee, oil, vegetables, beer, honey and cheese are goods which are not encouraged to be imported in Vietnam. If you wish to setup foreign invested company for trading these goods, our fee shall be about 10,000USD upward. The fee is exclusive of 10% VAT and actual cost for translating your documents from English into Vietnamese (10USD/150 words).

3. Franchising Consultation: If you setup company for conducting this activity only, we can assist you to setup company with the service fee of 5,000USD. The fee is exclusive of 10% VAT and actual cost for translating your documents from English into Vietnamese (10USD/150 words).

4. Event Organizer: Possibility for setting up foreign invested company in this field is very minor. We cannot guarantee success possibility of this option.

If you would like further information on Setting up company in Vietnam, please either email to our Partners at: info@sblaw.vn or call to our Office:

Ha Noi Office: +84 (4) 62 62 0246

HCM Office: +84 (8) 35 208 101.

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