Where Foreign Investors Obtain Investment License in Vietnam?

To set up a business in Vietnam through foreign direct investment, foreign investors need to register the investment license from Vietnam Ministry of Planning and Investment (MPI).

Depending on investment business lines, investment conditions, scale of the projects, where investment project is located, other Vietnam State authorities would be involved.  MPI in Vietnam takes charge of developing legislation, guiding, consulting and coordinating with other State authority in regard to all investment in Vietnam.  Foreign investors apply for investment license at MPI which is acting as the contact point.  People’s Committee will be the government body that administer investment activities within its city or province and issue the investment license to the foreign investor.

In case the foreign investor setting-up  a business within an industrial zone, the management board of an industrial zone will have authority over the investment licensing process. For investment project which is larger than VND 300 billion (around USD 14.2 million) or in conditional investment area, MPI and other ministries will be involved in the evaluation process to recommend to the Prime Minister for approval.  Other ministries involved in investment project licensing would be Ministry of Trade and Commerce and Minsitry of Finance for settting up a trading company in Vietnam; Ministry of Science and Technology for investment in high-tech projects in Vietnam; Ministry of Education and Training for setting up education institute; Ministry of Health for investment in hospital in Vietnam, etc to ensure they are complying with the specific industry’s regulations.

At ANT Lawyers, a law firm in Vietnam with law offices in Hanoi and Ho Chi Minh City, we are able to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

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Conditional Investment Sectors and Investment Conditions in Vietnam

When setting up a trading company in Vietnam, beside other conditions, the foreign investors have to prove experience in trading area.  Areas such as banking, financial services, real estate, security services will require minimum investment.   Foreign investment lawyers should be consulted for advice on investment licensing matters.

In general, foreign investors making investment in Vietnam are encouraged.  However, there are areas although not prohibited, but are “conditional” areas including the project could affect national defense, security, social order and safety; finance and banking; field that affect public health; culture, information, press, publishing; entertainment services; the real estate business; prospecting, exploring and exploiting of natural resources, ecological projects and the environment; education and training, and professional services i.e. legal, accounting, tax…

The conditions required by Vietnam laws on investment toward the foreign investors are business requirements that the investor must meet after the incorporation of the company, not as a condition for receiving the investment license. However, in the case of a foreign investor applies for an investment license for a new project, the law requires that all business conditions must be satisfied before the grant of the investment license.

Conditions that the foreign investors have to meet when investing in conditional business could be related to the forms of the investment, the nationality of foreign investors, the professional expertise of the investor, the scale of investment projects, type of goods and services, time implementation of investment projects.

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List of Investment Sectors Banned in Vietnam

Although investment is encouraged in Vietnam, there are sectors banned to invest in Vietnam which foreign investors need to be advised and considered when setting up business in Vietnam.

The list of investment sectors banned in Vietnam has been issued with Decree 108/2006/ND-CP dated September 22nd 2006 of the Government on guiding the implementation of some Articles in the Law on Investment.

I. The projects which are detrimental to national defense, national security and public interest

1. Production and processing of drugs

2. Investment in services that secretly investigating infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.

3. Investment in the fields of private detective and investigation.

II. The projects which are detrimental to the historical places, cultural, ethical, habits and customs of Vietnam

4. The projects built on the campus of the national historical and cultural places, projects that negatively affect the architecture and landscapes of national historical and cultural places.

5. Production of depraved and superstition cultural products.

6. Production of dangerous toys, educational harmful toys that affect to the character and health of children or to the security, social order and safety.

7. Prostitution business, trafficking in women and children.

8. Experimental reproductive cloning in humans.

III. The projects harmful to people’s health, destroying natural resources and destruction of the environment

9. Manufacturing of prohibited chemicals (contact ANT Lawyers for details) (according to the Convention).

10. Production of veterinary drugs, plant protection drugs that are banned or not permitted to use in Vietnam.

11. Production of medicines for human use, vaccines, biologicals, cosmetics, chemicals and pesticides, bacteria which are not permitted to use in Vietnam.

IV. The hazardous waste treatment projects brought from overseas into Vietnam, production of toxic chemicals or the use of toxic agents that are prohibited by the provisions of international treaties

12. The hazardous waste treatment projects brought from overseas into Vietnam, production of toxic chemicals or the use of toxic agents that are prohibited by the provisions of international treaties to which Vietnam is a member.

V. Other investment projects that are prohibited under the provisions of law.

At ANT Lawyers, a law firm in Vietnam with offices in law office Hanoi and Ho Chi Minh City, we are available to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company or other form of business entities in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

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Cosmetic Advertising Registration Services in Vietnam

Cosmetic advertising in Vietnam is conducted on the mass media such as television, radio, electronic portal (Internet, Website), books, newspapers, magazines, flyers, posters, underwater objects or other means of advertising made by cosmetics business or sponsor, authorize other entities to perform.

The businesses are only allowed to advertise when having the approval of advertising registration dossier as prescribed by law.

Cosmetic advertising content must be consistent with the documents proving the safety and efficacy of the cosmetics and must comply with published guidelines of ASEAN cosmetic product features.

Services that ANT Lawyers provide for customers:

• Consultation on the announcement of cosmetics, import cosmetics, cosmetics advertising.
• Consulting on the registration and documentation of cosmetics advertising on media as requested by customers.
• On behalf of the client to fill in the cosmetics advertising registration where business operates or where enterprise organizes conference, workshop, advertise cosmetics.
• On behalf of customer to contact, work and receive information from the competent State agencies related to the implementation process.
• Amend and supplement the dossier as prescribed by the competent State agencies upon requested.
• Inform customers about the validity result from the competent State agencies.

Documentation that customers need to provide, including:

• A copy of the business registration.
• A cosmetic license or certificate to published cosmetic products or receipt to announced cosmetic quality standards.
• Content to register advertise: TV, radio, newspapers, pamphlets, leaflets must come with scripts, audio tapes, advertising or files which are contained in the information storage devide.
• List of TV station and radio station that will advertise. Provide telephone and fax numbers of the stations.
• The proved documentation (if any)
• The procedure time: 10 working days from the day when customer provides valid dossiers and documents as required.

At ANT Lawyers, a law firm in Vietnam with offices in law office Hanoi and Ho Chi Minh City, we are available to assist clients in compliance process and procedures matters in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

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Cosmetics Workshop, Event Organizing Registration Services

In addition to the cosmetics advertising on mass media such as television, radio, electronic portals (Internet, Website), books, newspapers, magazines, flyers, posters, underwater objects or other means of advertising, the cosmetics business can make or sponsor, authorize other entities to carry out workshop activities to introduce cosmetic products.

The cosmetic businesses are only allowed to advertise, organize seminars and events to introduce the cosmetic products when having the Receipt of advertising, seminar, cosmetic introduction events registration dossiers as prescribed by law.

Cosmetic advertising content must be consistent with the documents proving the safety and efficacy of the cosmetics and must comply with published guidelines of ASEAN cosmetic product features.

1. Services that ANT Lawyers provide for customers:

+ Consultation on the announcement of cosmetics, import cosmetics, cosmetics advertising.

+ Consulting on the registration and documentation of organizing conferences, workshops to introduce and advertise cosmetics as requested by customers.

+ On behalf of customer to fill in the cosmetics advertising registration where business operates or where enterprise organizes conference, workshop to advertise cosmetics.

+ On behalf of customer to contact, work and receive information from the competent State agencies related to the implementation process.

+ Amend and supplement the dossier as prescribed by the competent State agencies upon requested.

+ Inform customers about the validity result from the competent State agencies.

2. Registration dossier includes:

+ Trader registrated to advertise cosmetics, orgasnize seminar, event to introduce cosmetic products.

+ A copy of the business registration.

+ A copy of the cosmetic product announcement card that has been granted.

+ POA of organizations and individuals that announce the cosmetic products for the one who organizing cosmetic seminar, introduction event (in case of the event organization or individual register for advertising, organizing the seminar, cosmetic introduction event which  are the one who held, published cosmetic products).

+ Document disclosures for the features, the use of the product in the case of the advertising contents, the contents presented at the seminar, cosmetic introduction event mentioned features, the use of the product beyond the content stated in the cosmetic product announcement card.

+ 02 advertising scripts (script must clearly describe the pictures, lyrics, music intends to advertise) or 02 advertising forms intend to release (applicable to the advertising registration dosssier) or documents intend to display, release at the seminar, cosmetic introduction event (applicable to workshop registration dossier).

3. Ways to file registration of cosmetic advertising, organizing seminar, event introduced cosmetic products:

a) Cosmetic registration dossier may be compiled for one or more products, can advertised on one or more means of mass media.

Cosmetics advertisement, advertising script can be made ​​for one or more different products.

b) The event, workshop organizing registration dossier may be compiled for one or more products to be held in one or more locations in the province, city

The procedure time: 10 working days from the time when the customer provides valid records and documents as required.

Please contact us at ant@antlawyers.vn or call us at + 84 835202779.

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Procedure to Change Birth Certificate in Vietnam

Under the provisions of Paragraph 1, Article 36 of Decree No. 158/2005/ND-CP on the registration and management of civil status, individual can change last name, middle name and first name which were registered in the birth certificate when they have legitimate reason under the provisions of the Civil Code.

The “legitimate reasons” to change the full name is specified in Article 27 of the Civil Code 2005 on the right to change name, which include:

1.Individuals have the right to request the state agency to recognize the changing of their names in the following cases:

a) As requested by the people with names that the use names cause confusion, affect the family love, honor, rights and lawful interests of such persons;

b) As requested by the adoptive father, adoptive mother about changing names for adopted child, or when the adopted child ceases to be adopted and this person or the nature father or nature mother request to regain the name that the nature father and nature mother have set;

c) As requested by the nature father, nature mother or the child when determining the parent for the child;

d) Changing the last name of a child from their father’s to their mother’s or vice versa;

e) Change the names of the person who was lost then found his blood-derived;

f) Changing the names of the person who is redefining gender;

g) Other cases regulated by civil law.

2. The changing of names for the person from nine years old must have the consent of that person.

3. The changing of names of individuals does not affect and terminate the rights and civil obligations established under their old name.

Thus, if the use of your first name, last name and middle name cause confusion, affecting the family love, your honor, rights and lawful interests, causing difficulties in the transaction, you may conduct the name changing.

Procedures to change full name will be performed at the District People’s Committee where you have registered the birth certificate.

Dossier includes:

– Declaration (in the prescribed form);

– Presenting the original birth certificate of the person who need for change names and civil status;

– The relevant documents as a basis for the change or correction of civic status.

Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to apply birth certificate for new born, obtain a new birth certificate, change names on birth certificate, re-issue birth certificate in Vietnam.

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Definition and Classification of Cosmetics in Vietnam

The definition of cosmetic in Vietnam regulations is currently compatible with the definition of ASEAN Cosmetic Convention provided in Article 2.1 of Schedule B of ASEAN Cosmetic Directive. Accordingly, cosmetic product is a substance or a preparation which is used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with main purpose in order to cleanse, aromatize, change the outward characteristics, form, adjust body’s smell, safeguard body, or maintain the human body in good condition.

For the classification of cosmetic, under the current Vietnam regulations, the criteria for the classification of cosmetic products based on the features, uses, recipe ingredients, route of administration of the product and the definition of cosmetic.

Namely, beauty products are classified into 20 groups of products as the following:

• Creams, emulsions, lotions, gels and oils for skin (hands, face, feet, etc.)
• Face masks (with the exception of chemical peeling products)
• Tinted bases (liquids, pastes, powders)
• Make-up powders, after-bath powder, hygienic powders, etc
• Toilet soaps, deodorant soaps, etc.
• Perfumes, toilet waters and eau de Cologne
• Bath or shower preparations (salts, foams, oils. gels, etc.)
• Depilatories
• Deodorants and anti-perspirants
• Hair care products include: hair tints and bleaches, products for waving, straightening and fixing, setting products, cleansing products (lotions, powders, shampoos), conditioning products (lotions, creams, oils), hairdressing products (lotions, lacquers, brilliantines)
• Shaving product (creams, foams, lotions, etc.)
• Products for making-up and removing make-up from the face and the eyes
• Products intended for application to the lips
• Products for care of the teeth and the mouth
• Products for nail care and make-up
• Products for external intimate hygiene
• Sunbathing products
• Products for tanning without sun
• Skin whitening products
• Anti-wrinkle products

Besides, some products are not classified as cosmetic as the following:

• The product permanently adjust, restore or alter the function of the body by the immune mechanism, metabolic or pharmacological mechanism
• Products sweetened oral, injection or contact with other parts of the body (i.e. the nasal mucous membranes, genitals in, …)
• The mosquito, air fresheners, fabric softeners, water, toilet bowl cleaner, liquid oxygen aging, alcoholic antiseptic 70 0,90 0 alcohol, product Clean dentures are not exposed to the oral cavity, false eyelashes, eye cleaning solution/nose/ear protection products nasal congestion, anti-snoring products, vaginal lubrication gel, ultrasound gel, the exposure in genital, rectal enema, anesthesia, reduce/ control the swelling/edema, dermatitis treatment, hypoallergenic, anti-fungal, anti-viral, stimulates hair growth products/grow eyelashes products removed/reduced fat/reduced fat/reduced body size, weight loss products, prevent/stop the growth of hair, the process stops sweating, permanent tattoo ink, product remove scars, keloids reduction, wound cleaning products.

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