Food Trade Consultants
What are the characteristics of starting a food business? What are the food business conditions?
Thinh Tri Law - Consulting to establish a food business
Vietnam is a country with great potential to develop the food processing industry, thanks to its rich source of raw materials and many unique specialties. Thus, establishing a food business has many advantages for development. As a unit operating in the field of corporate law consulting - Thinh Tri Law Firm is always ready to assist clients in setting up businesses, solving legal problems arising in the process of operating in Vietnam. business of the enterprise.
OUTLINES
1. What is a food business?
2. Things businesses need to know before setting up a food business.
- a) Select the type of enterprise.
- b) Name the food business enterprise.
- c) Select the head office for the enterprise.
- d) Charter capital of the enterprise.
- e) The legal representative of the enterprise.
- f) Business lines of the food business enterprise.
3. Procedures for establishing a food trading company.
4. Apply for a certificate of food safety eligibility.
- a) Dossier of application for the Certificate.
- b) Order and procedures for granting certificates of food safety and hygiene.
1. What is a food business?
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Food trade is understood as the performance of one, some or all of the activities of introducing, preserving, transporting or trading food.
a. Choose a business type
- According to the provisions of the law, the types of enterprises include: one-member limited liability company, limited liability company with two or more members, joint-stock company, private enterprise, partnership company.
- The choice of the type of business to register a business depends on the wishes of the owner. However, if businesses want to do normal business, they should choose two popular business types: limited liability and joint stock company.
b) Name a food business
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According to the law, an enterprise name must be composed of two elements: type of business and business name
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Prohibited cases in business naming:
- An enterprise must not have a name that is identical or confusingly similar to the name of another enterprise registered in the National Database of Business Registration on a national scale, except for enterprises that have been dissolved or gone bankrupt.
- Enterprises may not use trade names, trademarks or geographical indications of protected organizations or individuals to form their own names.
- Enterprises may not use names of state agencies, units of the people's armed forces, names of political organizations, socio-political organizations to name their enterprises.
- The head office of the enterprise is the place of communication and transaction of the enterprise. The head office of the enterprise must be located in the territory of Vietnam, with a specific address including house number, or the name of the commune, ward, township, district, town, provincial city, province or centrally run city. nursing; phone number, etc.
- Do not put the address of the enterprise's head office in a place where there is no function of production and business activities such as: Apartment without business purposes; The dormitory has a common use area; on the land area under planning, or the tenant is in dispute,etc.
- Charter capital of the enterprise When establishing a food trading company, an enterprise has the autonomy in registering charter capital for its business.
- Capital contribution term: The capital contribution period is 90 days from the issuance date of the business registration certificate.
- Assets contributed as capital: Money (VND), freely convertible foreign currency, gold, value of land use rights, value of intellectual property rights, technology, technical know-how, other valuable assets in Vietnamese Dong.
- Một doanh nghiệp có thể có một hoặc nhiều người đại diện theo pháp luật.
- The legal representative of an enterprise is an individual who, on behalf of the enterprise, performs the rights and obligations arising from the business process and transactions of the enterprise.
- Conditions for the legal representative: the representative must have full civil act capacity; are not prohibited from establishing and managing enterprises An enterprise may have one or more legal representatives.
- Business lines of food businesses To be able to set up a food business, it is important to register the business line in accordance with the law.
- Specifically, businesses can register the following occupations:
Procedures for setting up a food trading company.
- Step 1: Prepare documents and documents to establish a food business
- 01 Business registration application form
- 01 Company Charter
- Valid copies of the following documents:
- Personal papers of the business owner:
- ID card/CCCD, Household registration, temporary residence certificate (if any), ..
- Establishment decision or Certificate of business registration or other equivalent documents.
- Investment registration certificate, for enterprises established by foreign investors or foreign-invested economic organizations in accordance with the provisions of the Investment Law and its guiding documents.
- Authorization letter of the owner to the authorized person in case the company owner is an organization.
- Step 2: Submit the application to the business registration office - Department of Planning and Investment.
- Within 03 working days from the date of receipt of a valid application, the business registration authority shall issue a business registration certificate to the enterprise. In case of refusal, the business registration agency must notify in writing the enterprise founder. The notice must clearly state the reason and the requirements for amendment and supplement of the dossier.
- Step 3: Receive the result of registration of company establishment
- Step 4: Engrave your business seal
- Step 5: Notify the seal sample to the business registration agency
- Apply for a certificate of eligibility for food safety Food production and trading establishments must obtain a certificate of food safety conditions when operating, except for cases where it is not required by law to apply for a certificate of food safety and hygiene.
- Application form according to the form in Circular No. 43/2018
- A written explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions.
- Certificate of full health, a general list of health certificates of the establishment owner and the person directly producing and trading food (certified by the medical establishment).
- Certificate of training in food safety knowledge, Certificate of food safety knowledge of the establishment owner and the person directly producing and trading food (certified by the establishment).
- Step 1: The owner or authorized representative (currently Thinh Tri Law provides the service of applying for a certificate of food safety and hygiene to customers) Submit a dossier at a competent state agency.
- Step 2: The agency receiving and processing the application: Within 15 working days from the date of receiving the complete and valid dossier, the competent state agency shall set up a team to conduct a physical inspection at the production and business location in order to check actual food safety conditions.
- Step 3: In case the profile is valid. The competent authority will issue a certificate of food safety eligibility.
- Thus, the certification of food safety and hygiene is essential for a food business. In cases where the law is not required to apply for a certificate, in the remaining cases, customers must make an application for a certificate of food hygiene and safety. On the one hand, so as not to be administratively sanctioned by the authorities. On the other hand, it helps to improve product quality and maximize competitiveness in the market when the product has been fully censored.
→ More articles:
→ Consulting on 3 popular types of business.
→ Should I set up a private enterprise?
→Should I set up a joint stock company or a 2 member limited company?
→ Some notes when converting the type of business.
- Understanding the current situation such as cumbersome administrative procedures in Vietnam, businesses face many difficulties in accessing specialized legal knowledge and there are many other factors that lead to difficulties if businesses are self-employed. I do the procedures to establish a food business or apply for a certificate of food safety and hygiene. And if your business is in trouble, let us help you. THII TRI Law System is committed to bringing your business convenience, speed and cost optimization. Please contact:
- THINH TRI LAW LIMITED LIABILITY
- Hotline: 1800 6365
Thinh Tri Law - Consulting to establish a food business
Procedures for setting up a food trading company.
