KEY PROCEDURES FOR FDI ENTERPRISES TO LEGALLY OPERATE IN THE FOOD AND BEVERAGE (F&B) SECTOR IN VIETNAM

Vietnam has become an attractive market for foreign investors in the food and beverage (F&B) sector, with a wide range of business models such as restaurant chains, milk tea chains, and coffee shop. However, in order to establish and operate a business in a lawful and stable manner, investors must have a clear understanding of the mandatory legal procedures under Vietnamese law.

Below are the key legal documents required for foreign investors to invest and conduct F&B business activities in Vietnam:

1. Legal documents required during the enterprise establishment stage

- Investment Registration Certificate (IRC)

This certificate records key information about the foreign investor’s investment project in Vietnam, including its objectives, scale, investment capital, and project location.

- Enterprise Registration Certificate (ERC)

After obtaining the IRC, the investor must establish a legal entity in Vietnam by applying for the ERC in order to conduct business operations.

2. Licenses required for business operations

- Certificate of Eligibility for Food Safety and Hygiene

This is a mandatory requirement for establishments engaged in food and beverage businesses to ensure compliance with hygiene and food safety standards for consumers.

- Fire Prevention and Fighting License (Fire Safety Approval)

Depending on the scale and nature of the business, the enterprise is required to obtain the relevant fire safety approvals in accordance with applicable regulations.

- Trademark Registration (if any)

To protect its brand in Vietnam, the enterprise is advised to register its trademark at an early stage to mitigate the risk of intellectual property infringement.

Important Note: Depending on the specific type of products and business activities, the enterprise may be required to obtain additional licenses, such as a Retail Business License or a Liquor Business License, among others.

To operate a foreign-invested F&B business in Vietnam, investors must comply with various legal requirements from the establishment stage through ongoing operations. Proper preparation of documentation and strict adherence to procedures will help businesses save time and costs while minimizing legal risks.

Should you require any assistance, please feel free to contact Celigal Lawyers LLC at lawyer@celigal.com for detailed advice on the company establishment process as well as the regulatory requirements applicable during business operations.