Currently, the investment in restaurant services in Vietnam is growing very rapidly. No matter how volatile the economy is, the demand for food is still an inevitable daily need of people, so this is a very potential investment area, especially in Vietnam where the tastes and tastes of customers are extremely diverse and rich. So what to do to set up a 100% foreign-owned company in restaurant services? Let's find out through this article!
Establishment conditions
According to Decree No. 15/2018/ND-CP, food and beverage trading is a conditional business. Investors who want to do business must have a certificate of food safety eligibility when operating.
According to the commitment to join the WTO This industry has been opened to foreign investors, foreign investors only need to meet the same conditions as Vietnamese investors when doing business in this field.
Therefore, in order to do business in the restaurant sector, investors first carry out the procedure of applying for investment certificates in which investment registration is registered in the field of food and beverage supply. Then register a business with this industry. Once the enterprise registration certificate has been issued, the enterprise shall apply for a food hygiene and safety certificate before starting operation.
Establishment procedures
Step 1. Apply for an Investment Certificate
The dossier contains the following types of documents:
- Written request for implementation of investment projects
- A valid copy of one of the corroboding documents:
- Individual: ID/CCCD/passport is valid for individuals;
- Organization: Business registration certificate or other equivalent document confirming legal status for an investor who is an organization (with consular legalization);
- Proposed investment project.
- A copy of one of the following documents:
- Organization: Financial statements of the investor in the last 02 years; commitment to financial support of the parent company; commitment to financial support of financial institutions; guarantee of the financial capacity of the investor.
- Personal: Documents explaining the financial capacity of investors; Confirm the balance of bank account or savings book bearing the investor's name with the corresponding amount invested in Vietnam.
The application is submitted at the Department of Planning and Investment where the enterprise is headquartered.
Step 2: Apply for a Business Registration Certificate:
The dossier contains the following types of documents:
- Application for enterprise establishment registration
- Corporate Charter
- List of members for two-member limited company, founding shareholder for joint stock company;
- A valid copy of one of the corroboding documents:
- Personal: ID card/ CCCD / passport is still valid for individuals
- Organization: Certificate of enterprise registration for the organization and enclosed with personal certificates and decisions of authorization of the authorized representative of the organization
The application is submitted at the Business Registration Office of the Department of Planning and Investment where the enterprise is headquartered.
Step 3: Apply for a Certificate of Food Safety and Hygiene Eligibility
The records include:
- Application for certificate of food safety eligibility;
- Copy of business registration certificate;
- A explanation of facilities, equipment and tools to ensure food hygiene and safety conditions;
- The certificate has been trained in knowledge of food safety and hygiene of the owner and of the person directly producing and trading food.
- Certificates of sufficient health of the owner of the establishment and the person directly producing and trading issued by the district-level health establishment or more.
The dossier is submitted at the Food Hygiene and Safety Management Department of the province or city where the restaurant is headquartered.
Step 4: Apply for a fire protection permit for the restaurant (if any)
Based on Decree No. 46/2015/ND-CP, a restaurant is a type of public works, so according to Decree No. 79/2014/ND-CP, a restaurant with a volume of 1000m3 must apply for a fire protection license.
The records include:
– Application for fire protection certificate
– A certified copy of the certificate of competence for fire prevention and fighting; test documents on fire prevention and fighting for newly renovated or newly built facilities, motor vehicles need to ensure fire safety when converting or closing new; certified copies of fire safety inspection minutes for other facilities and motorized vehicles.
– Statistics of all fire prevention and fighting vehicles and rescue vehicles equipped
– Firefighting options
– Decision on the establishment of a grassroots fire prevention and fighting team.
– List of individuals who have passed the training on fire prevention and fighting.
The dossier is submitted at the Provincial Police Department for Fire Prevention, Firefighting and Rescue where the restaurant is headquartered.
*Note: For small restaurants with a volume of less than 1000m3 or less, although there is no need to apply for a fire protection license, but to ensure the safety of business, customers should also carry out firefighting training sessions for management, employees and paintings are equipped with firefighting equipment such as fire extinguishers; Regulations on firefighting orders; Exit lights, problem lights; Fire alarm system; ….
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