Do you love cuisine and wish to spread your food to the general public?
Do you intend to establish a restaurant in Viet Nam to satisfy your passion?
HTLaw understands your efforts to develop business in Viet Nam, especially in the food services industry. Therefore, we’d like to summarize the necessary licenses to set up a restaurant.
Contents
I. Investment Registration Certificate (IRC)
(Applicable only to foreign investors)
According to the WTO Commitments Schedule, Vietnam has fully opened its doors to food and beverage services as defined in food service (CPC 642) and beverages (CPC 643).
Based on The Law of Investment 2020 and The Law of Enterprise 2020, foreign investors are allowed to establish companies with 100% foreign capital to set up restaurants. Scope of business is Food Service; Service of serving drinks without alcohol. However, if the foreign investors would like to sell the alcohol at the restaurant, the investor needs to apply for more required licenses. We mention the details below.
Estimated schedule for obtaining the IRC: It will be done within 15 – 20 working days from the date of submission.
II. Enterprise Registration Certificate (ERC)
” Enterprise Registration Certificate is a document recording information about business registration that the business registration office issues to an enterprise.“
Estimated Schedule for obtaining the ERC: It will be done within 5 – 7 working days from the day since the date of submission.
III. Food Safety and Hygiene license
Food Safety and Hygiene license is required before starting your restaurant business.
Base on Article 34, the LAW ON FOOD SAFETY 2010, Establishments and conditions for the grant and withdrawal of certificates of food safety eligibility:
1. An establishment shall be granted a certificate of food-safety eligibility when it fully meets the following conditions:
a/ Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in this Law;
b/ Having registered for food production and trading as indicated in its business registration certificate.
2. An organization or individual shall have its/his/her certificate of food safety eligibility withdrawn when it/he/she no longer satisfies all conditions prescribed in Clause 1 of this Article.
Estimated schedule for obtaining the Food safety and hygiene license: It will be done within 40 working days. It might be sooner in reality.
IV. Fire Protection Certificate issued by Ward Police
Currently, there are many accidents caused by fire, because restaurants do not meet the fire protection conditions. Therefore, Point 6, APPENDIX I, Decree 136/2020, restaurants and eateries belong to LIST OF FACILITIES REQUIRING FIRE MANAGEMENT. The fire protection conditions will depend on the size of your restaurant.
Estimated schedule for obtaining the Fire protection certificate issued by ward police: It will be done within 7 working days from the date of submission.
V. The licenses for sale of alcohol for on-premises consumption
If your restaurant serves alcoholic drinks, you must apply for a license for the sale of alcohol for on-premises consumption.
Requirements for sale of alcohol for on-premises consumption:
1. The enterprise, cooperative, cooperative joint venture, or household business selling alcohol for on-premises consumption (on-premises alcohol seller) shall be established according to regulations of law.
2. The on-premises alcohol seller shall be entitled to run fixed premises with a clear address and is registered to sell alcohol for consumption on the spot with the Economic and Infrastructure Division of the district where the business is located.
3. Alcohol consumed on-premises shall be provided by the trader having the license for
production/distribution/wholesaling/retailing alcohol.
4. The alcohol producer producing alcohol to sell for on-premises consumption shall have the license for mass production of alcohol or license for home production of alcohol for business purposes specified herein.
Power for issuance of licenses: Economic Sub-departments or Economic and Infrastructure Sub-departments affiliated to People’s Committees of districts/towns/provincial cities.
Estimated schedule for obtaining the license: It will be done within 15 working days from the date of submission.
To sum up, the investors need the below licenses to set up a restaurant in Vietnam:
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- Investment Registration Certificate for the Project (Applicable only to foreign investors);
- Enterprise Registration Certificate;
- Food safety and hygiene license;
- Fire protection certificate issued by Ward Police;
- The licenses for sale of alcohol for on-premises consumption (If applicable).
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a restaurant service.
Contact us
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- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.