Foreign investment in restaurants in Vietnam
A foreign investor wishing to invest in a restaurant in Vietnam should note the following potential legal issues, among other things:
Vietnam Business Law is a website managed by lawyers of Venture North Law Limited (VNLaw). Venture North Law Limited (VNLaw) is a Vietnamese commercial law firm. We won the Rising Law Firm of the Year Award at the Southeast Asia Law Awards for the years 2020 and 2021 held by The Legal 500. Very few Vietnamese law firms have achieved a similar regional recognition.
A foreign investor wishing to invest in a restaurant in Vietnam should note the following potential legal issues, among other things:
Under Decree 98/2014, for the first time, the Government introduces a detailed regulations on setting up communist party cell and trade union bodies within a private company in Vietnam including foreign-invested enterprise. In particular,
Nearly ten years ago, the Enterprise Law 2005 contemplates a general prohibition that names of a company in Vietnam must not contain words or symbols which contravene national historical traditions, culture, ethics and fine customs. Now, from November 2014, names of new companies incorporated in Vietnam must comply with a much more detailed naming rules under Circular 10/2014 of the Ministry of Culture, Sport and Tourism. Under Circular 10/2014,
Foreign investors must go through a number of investment, land, construction, and environment procedures in order to operate a project using land (Investment Procedures) in Vietnam. The Investment Procedures have been provided in various legal instruments and involved a number of State licensing authorities. Given the lack of clarity at law, the Investment Procedures are applied differently and inconsistently by licensing authorities. Hopefully, this unpleasant practice would be changed when, for the first time, the Government introduced the unified process of all Investment Procedures in its Resolution 43 dated 6 June 2014 (Resolution 43).
This post is contributed by my colleague, Ha Thi Dzung.