Guiding the implementation of food business activities of fdi enterprises

In response to the proposal of KBL Vietnam Co., Ltd. in Official Letter No. 10/2018 / CV-KBL guiding the implementation of a number of business activities after transferring contributed capital to foreign investors, the Ministry of Industry and Trade Comments are as follows:

1. According to the provisions of Clause 6, Article 3 and Clause 1, Article 6 of Decree No. 09/2018 / ND-CP dated January 15, 2018 of the Government, the Company is entitled to conduct wholesale goods distribution activities for other organizations in service of production and business activities after registering to carry out this activity at relevant papers under the provisions of the Investment Law and the Enterprise Law, without having to carry out the procedures for granting papers business license in accordance with the provisions of Decree No. 09/2018 / ND-CP.

In case the Company sells goods to other individuals, households or organizations for consumption purposes, the Company must carry out the procedures for granting Business Licenses to exercise the right to retail distribution, as prescribed. Clause 7, Article 3 and Clause 1, Article 5 of Decree No. 09/2018 / ND-CP.

2. The sale of beverages (beer, soft drinks) together with the restaurant's cooking and food service is the implementation of a service with CPC 642.

Under the provisions of the Schedule of Specific Commitments on Services of Vietnam in the WTO, up to now, the restriction on market access for services with CPC 642 has expired. Therefore, the Company is able to provide this service after registering at the available papers in accordance with the Law on Investment and the Law on Enterprises and meeting all conditions for providing this service in accordance with the law (on hygiene and food safety, beer business ... (if any).

The sale of beverages by the above method is not within the scope of regulation of Decree No. 09/2018 / ND-CP, so the Company does not have to carry out procedures for granting Business License in accordance with Decree 09 / 2018 / ND-CP.