CONDITIONS AND PROCEDURES FOR ESTABLISHMENT OF LOGISTICS BUSINESS

According to the Commercial Law 2005, logistics services are commercial activities, whereby traders organize to perform one or more jobs including receiving goods, transporting, storing, storing, customs clearance, customs procedures. other paperwork, customer consultation, packaging, marking, delivery or other services related to goods as agreed with the customer for remuneration.

1. Conditions for logistics service business

Decree 163/2017/ND-CP regulating logistics service business has the following provisions on conditions for logistics service business:

"Traders dealing in specific logistics services specified in Article 3 of this Decree must satisfy the investment and business conditions prescribed by law for such services."

2. Procedures for establishing a company providing logistics services

If a Vietnamese trader meets the above conditions, he/she can register for the establishment of a logistics service company in the following order and procedures:

Step 1: Submit a business establishment application according to the form of the Department of Planning and Investment

Records include:

·         Business registration application form;

·         Company rules;

·         List of members or shareholders of the company (if it is a limited liability company with two or more members or a joint stock company);

·         A valid copy of one of the authenticated papers:

o   Valid ID card or valid Passport for individuals;

o    Establishment decision or Business registration certificate or other equivalent document, one of the personal identification papers (Vietnamese citizens: citizen identification card, valid identity card and foreigner) in addition: valid passport) of the authorized representative and the corresponding power of attorney in case the founder of the enterprise is an organization;

·         Decision on capital contribution for members being organizations

Step 2: Publish business registration information (contents of the Business Registration Certificate and information about the company's business lines) on the national business registration portal.

Step 3: Engrave the seal and notify the seal sample of the enterprise in accordance with the law.

After being established, an enterprise needs to carry out procedures to apply for a business license in a number of conditional business lines of the logistics service it provides.

Step 4: Apply for a license

For logistics service companies with business codes belonging to the list of conditional business lines as above, before going into operation, businesses need to apply for a license. Depending on the industry code, the license types are also different, including:

·         Certificate of eligibility for industry codes with requirements on infrastructure, technical means, means of transport, etc.

·         Practice certificates for employees (customs clearance agent staff for customs brokerage services, assessors for goods inspection services, drivers and service staff). on the vehicle for transportation codes, etc.)

·         Professional liability insurance if there is an international multimodal transport service operation

After being fully licensed, the business can officially go into operation.

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