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Name of conditional business

According to Viet Nam law, there are some condition to do business in some domain of business.

 

No.

Name of conditional business

Form of business condition

Current legal regulation

Authority

 

MINISTRY OF FINANCE

1

Accounting services

Accounting practice certificate

- Chapter IV of the Law on Accounting: “Accountancy”; - Article 40, 41, 42 Decree No.129/ 2004/ND-CP;
- Clause 2 of Circular No.72/2007/ TT-BTC

Vietnam Accounting Association (VAA)

2

Audit services

Certificate of satisfaction of conditions for audit service provision

- Article 21 of the Law on Independent Audit;
- Decree No.17/2012/ND-CP;
- Circular No.203/2012/TT-BTC

the Ministry of Finance

3

Services for performance of tax procedures

Certificate of practice of performance of tax procedures

- Article 20 of the Law on Tax Management No.78/2006/QH11;
- Circular No.117/2012/TT-BTC

General the Department of Taxation

4

Securities companies with the following business operations:
- Securities brokerage;
- Securities self-trading;
- Securities issue underwriting;
- Securities investment consultancy

- Incorporation and operation license of the securities company;
- Certificate for practice of securities brokerage;
- Certificate for practice of financial analysis

- Articles 60, 79 the Law on Securities;
- The Law on Amendments and Supplements to a number of Articles of the Law on Securities No.62/2010/QH12;
- Articles 3, 17 of the Rules on securities practice enclosed with Decision No.15/2008/QD-BTC;
-Decree No.58/2012/ND-CP;
- Circular No.210/2012/TT-BTC

State Securities Commission

5

Securities depository

Certificate of registration for securities depository operation

- Article 47 the Law on Securities;
- Decision No.87/2007/QD-BTC;
- Circular No.43/2010/TT-BTC

State Securities Commission

6

Securities investment fund management companies with the following business operations:
- Securities investment fund management;
- Management of securities portfolios;
- Securities investment consultancy.

- Incorporation and operation license securities investment fund management companies;
- Certificate for practice of fund management

- Article 79 the Law on Securities;
- Clause 15 Article 1 the Law on Amendments and Supplements to a number of Articles of the Law on Securities;
- Articles 3, 17 of the Rules on securities practice enclosed with Decision No.15/2008/QD-BTC;
- Decree No.58/2012/ND-CP;
- Circular No.212/2012/TT-BTC

State Securities Commission

7

Establishment of insurance companies

Incorporation and operation license

- Articles 58, 62, 63, 65, 66 of the Law on Insurance Business;
- Clause 7, 8, 9 Article 1 of the Law on Amendments and Supplements to the Law on Insurance Business No.61/2010/QH12;
- Clauses 1, 2 Article 6, clauses 1, 2 Articles 7, 8 of Decree No.45/ 2007/ND-CP;

- Articles 38, 39, 40, 41 of Decree No.123/2011/ND-CP;

- Articles 4, 5, 7, 8, 9, 11, 12 of Circular No.124/2012/TT-BTC

the Ministry of Finance

8

Establishment of re-insurance companies

Incorporation and operation license

- Article 43 of Decree No.123/2011/ ND-CP;
- Articles 4, 5, 7, 8, 9, 11, 12 of Circular No.124/2012/TT-BTC

the Ministry of Finance

9

Establishment of insurance brokerage companies

Incorporation and operation license

- Article 93 of the Law on Insurance Business;
- Clause 1, 3 Article 6, Clause 1, 3 Article 7, Article 8 of Decree No.45/2007/ND-CP;
- Articles 38, 39, 41 of Decree No.123/2011/ND-CP;
- Articles 4, 5, 7, 8, 9, 11 of Circular No.124/2012/TT-BTC

the Ministry of Finance

10

Establishment of branches of foreign non-life insurance companies in Vietnam

Incorporation and operation license

- Articles 9, 10, 11 of Decree No.123/2011/ND-CP;
- Articles 4, 6, 10, 11 of Circular No.124/2012/TT-BTC

the Ministry of Finance

11

Establishment of representative offices of insurance entities in Vietnam

License for establishment of representative offices

- Articles 106, 107, 108, 109, 110, 111 of the Law on Insurance Business;
- Article 36 of Decree No.45/2007/ ND-CP;
- Article 55 of Circular No.124/ 2012/ TT-BTC

the Ministry of Finance

12

Cross-border provision of insurance services and insurance brokerage

Documents evidencing the satisfaction of the conditions of legal capacity, financial capacity and damage solving capacity of foreign insurance companies, insurance brokerage companies

Articles 3, 4, 5, 6, 7 of Decree No.123/2011/ND-CP

the Ministry of Finance

13

Insurance agency

Insurance agency certificate

- Article 86 of the Law on Insurance Business;
- Clause 10 Article 1 of the Law on Amendments and Supplements to a number of Articles of the Law on Insurance Business;
- Clause 4 Article 49 of Circular No.124/2012/TT-BTC

the Ministry of Finance

14

Insurance agency training institution

Written consents of the Ministry of Finance

- Item c, Clause 1 Article 86 of the Law on Insurance Business;
- Articles 48, 49 Circular No.124/2012/TT-BTC

the Ministry of Finance

15

Asset price-appraising service

Certificate of satisfaction of conditions for assets price-appraising service provision

- Article 14 of the Ordinance on Prices;
- Article 9 Decree No.101/2005/ND-CP;
- Clauses 2, 3 and 4 of Section IV of Part B of Circular No.17/2006/TT-BTC;
- Decree No.89/2013/ND-CP

the Ministry of Finance

16

Provision of corporate valuation for equalization

Being in the List of price-appraising consultancy entities permitted to provide services as provided by Circular No.127/2012/TT-BTC

- Decree No.59/2011/ND-CP;
- Decree No.189/2013/ND-CP;
- Chapter II of Circular No.127/ 2012/TT-BTC

the Ministry of Finance

17

Lottery business

Certificate of satisfaction of conditions for lottery business operation

- Article 24 of Decree No.30/2007/ND-CP;
- Clause 1 Article 1 Decree No.78/2012/ND-CP

the Ministry of Finance

18

Branches of audit firms satisfying the conditions for provision of audit service

Written consents

Circular No.203/2012/TT-BTC

the Ministry of Finance

19

Provision of cross-border audit service of foreign audit firms

Certificate of satisfaction of conditions for provision of cross-border audit service in Vietnam

Article 11 Decree No.17/2012/ND-CP

the Ministry of Finance

20

Training institutions permitted to organize training to update knowledge for auditors on an annual basis

Written consents

Circular No.150/2012/TT-BTC

the Ministry of Finance

21

Provision of audit service

Certificate of registration for audit practice

Circular No.202/2012/TT-BTC

the Ministry of Finance

22

Securities investment companies with the operation of Securities investment

Incorporation and operation license of the securities investment company

- Articles 79, 96, 97 of the Law on Securities;
- Chapter VII of Decree No.58/2012/ND-CP;
- The Rules on securities practice enclosed with Decision No.15/2008/QD-BTC

State Securities Commission

23

Representative offices foreign securities companies in Vietnam

Certificate of registration for operation of Representative offices of foreign securities companies in Vietnam

- Article 78 the Law on Securities;
- Article 74, 75 of Decree No.58/2012/ND-CP

State Securities Commission

24

Representative offices foreign fund management companies in Vietnam

Certificate of registration for operation of Representative offices of foreign fund management companies in Vietnam

- Article 78 of the Law on Securities;
- Article 74, 75 Decree No.58/2012/ ND-CP

State Securities Commission

25

Branches of foreign securities companies in Vietnam

Incorporation and operation license of branches of foreign securities companies in Vietnam

- Article 77 the Law on Securities;
- Article 74 Decree No.58/2012/ ND-CP

State Securities Commission

26

Branches of foreign fund management companies in Vietnam

Incorporation and operation license of branches of foreign fund management companies in Vietnam

- Article 77 the Law on Securities;
- Clause 3, Article 71, 74 Decree No.58/2012/ND-CP

State Securities Commission

27

The business of prize-winning games for foreigners

Certificate of satisfaction of the conditions for conducting business of prize-winning games for foreigners

Article 19, 22 Decree No.86/2013/ ND-CP

the Ministry of Finance

28

Debt collection service

Certificate of registration for debt collection service

Chapter 3, Decree No.104/2007/ ND-CP

Business registration offices

29

Agents carrying out customs procedures

1. Having made business registration according to the provisions of law;
 2. Being engaged in the business line of providing the service of forwarding export or import goods, or the service of making customs declarations on others’ behalf, which is stated in its business registration certificate;
3. Having at least one (01) customs agent staff member.
4. Satisfying conditions for connecting with computer networks of customs offices for carrying out electronic customs procedures at provincial/municipal Customs Departments (hereinafter called provincial Customs Departments for short), where electronic customs procedures have been carried out.

- Law on Customs No.29/2001/QH10
- Law on amendment of and addition to a number of articles of the Law on Customs No. 42/2005/QH11
- Article 19 2 Decree No.14/2011/NĐ-CP;
- Article 4 Circular No.80/2011/TT-BTC.

General Department of Vietnam Customs

30

Duty-free shops

Permit for operating sales tax exemption

- Decision No.24/2009/QD-TTg;
- Circular No.148/2013/TT-BTC.

People's Committees of provinces and cities having international border

HỖ TRỢ TRỰC TUYẾN

028.3620.8435 0914.190.707 0942.050.407
Giấy phép kinh doanh số : 0308929524 cấp ngày : 29/05/2009 bởi Sở Kế Hoạch và Đầu Tư TP.Hồ Chí Minh
Người đại diện: ông Thủy Ngọc Thu