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PROCEDURES FOR ESTABLISHMENT OF A 100% FOREIGN CAPITAL COMPANY PRODUCING CASHEWS FOR EXPORT

    1. Investment Law 2020
    2. Enterprise Law 2020
    3. Decree no. 15/2018/ND-CP on food safety law
    4. Circular no. 38/2018/TT-BNNPTNT
    5. Circular no. 52/2015/TT-BYT.
    6. Decree no. 136/2020/ND-CP detailing the Law on Fire Prevention and Fighting
Procedures for establishment of a 100% foreign capital company producing cashews for export - htlaw.vn

II. Content

    1. Investment Registration Certificate (IRC)

Pursuant to Investment Law 2020 and Enterprise Law 2020, foreign investors are allowed to establish 100% foreign owned companies for cashews production.

Estimated time to be granted an IRC: within 15-20 working days from the date of receiving valid dossiers.

    1. Enterprise Registration Certificate (ERC)

“Certificate of business registration is a document recording business registration information that the Business Registration Office issues to an enterprise”.

Estimated time to be granted ERC: within 05 – 07 working days from the date of receiving valid dossier

    1. Food Safety Eligibility Certificate

Cashews are under the management of the Ministry of Agriculture and Rural Development. Therefore, the dossier includes:

      • An application form for Food Safety Eligibility Certificate
      • Interpretation of requirements for compliance with food safety regulations of the applicant business.

Estimated time to be granted a Food Safety Eligibility Certificate: within 30 working days from the date of receiving valid dossiers

    1. Product testing

Prepare product samples and then set testing criteria according to legal regulations.

Testing products at centers recognized by the Ministry of Health (at establishments designated for testing for state management of food safety).

Product testing time is from 05 – 07 working days from the date of receipt of complete and valid documents.

    1. Product quality publication

The dossier includes:

  • Enterprise Registration Certificate
  • Food Safety Eligibility Certificate
  • Product testing result
    1. Medical Certificate (HC)

Certification Authority: Food Safety Department – Ministry of Health

The dossier includes:

      • Application form for a medical certificate
      • The test results of each item in the export consignment include the criteria as required by the respective technical regulations (for products with which technical regulations are available) or the main quality criteria, the safety according to regulations (for products without technical regulations), information on item name, batch number, production date, expiry date as specified by a testing laboratory designated by a competent state agency or accredited independent testing laboratory
      • Product label
      • Enterprise Registration Certificate
      • Food Safety Eligibility Certificate

Estimated time to be granted a Medical Certificate: 05 – 07 working days from the date of receipt of complete and valid dossier.

    1. Certificate of Free Sale (CFS)

The dossier includes:

      • Written request for issuance of CFS
      • Investment certificate or business registration certificate, business registration certificate
      • A list of production facilities (if any), including the name and address of the establishment, and products manufactured for export
      • The published standard applies to products and goods accompanied by the expression (on goods labels or on goods packages or documents attached to products and goods).

Estimated time to be granted the Certificate of Free Sale: 03 – 05 working days from the date of receiving valid dossiers.

    1. Certificate of assurance of fire prevention and fighting conditions (if applicable)

Currently, there are many accidents caused by fire and explosion, because the production facilities do not ensure the conditions for fire prevention and fighting. Therefore, Decree 136/2020/ND-CP stipulating fire prevention and fighting conditions will depend on the size of the manufacturing plant.

Estimated time to be issued the certificate of fire prevention and fighting by the ward police: 7 working days from the date of receiving valid dossiers

  1. Barcode registration

Barcode registration file:

      • Registration form for using MSMV
      • Product catalog registration table using GTIN

Certified copy of Business License

Estimated time:

      • 10 days to get the code
      • 30 days to issue the Certificate of Right to Use Barcodes

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Procedures for establishment of a company producing cashews for export.

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