What is the website/mobile application announcement or registration?
Every website and mobile application used to display, promote or provide a company’s goods or services to the Vietnamese market must be approved by the Department of Industry and Trade (“DOIT”) through the procedures of notification or registration of the website or mobile application.
Periodic reports are also mandatory to keep the authority updated about the use of the website or mobile application.
How to proceed?
In most cases, investors shall implement the following steps to establish a company:
Step 1: Obtaining an Investment Registration Certificate, abbreviated IRC (if any non-Vietnamese investors).
Step 2: Obtaining an Enterprise Registration Certificate, abbreviated ERC or BRC for Business Registration Certificate.
The company is established but the following steps are required for regulatory compliance:
Step 3: Post establishment procedures.
Step 4: Obtaining sub-licenses (if any).
For non-conditional business sectors, we usually need from 6 to 8 weeks to setup a foreign-invested company and 1 week for a Vietnamese-invested one.
However, especially for foreign-owned companies, the time can be extended due to various reasons such as additional requirements from the licensing authorities.
The trading license is a sub-license mandatory for foreign-owned companies in some specific cases, notably when providing services of:
The trading license is granted by the Department of Industry and Trade and in some special cases, an approval from the Ministry of Industry and Trade can be required.
An enterprise’s website which provides one out of three following activities, must be registered with the competent authorities:
An enterprise application has to submit online. The competent authority shall responses to the company regarding whether they approve or reject the registration application form within 07 working days from the date the application is valid.
In circumstance there is any change in relate to business information, subject of the website (Domain name, changing of service, regulation and condition), the enterprise has to notify the competent authority.
These following restricted goods are not permitted to advertise or do business on E-commerce websites:
Company’s obligation is periodic reporting to the competent authority after company’ website is registered successfully in order to avoid a website cancellation under the law.