Export processing enterprises are specialized in manufacturing goods for export, benefiting from various tax incentives and customs procedures to encourage investment and economic development. To establish an export processing enterprise, investors must meet legal requirements and follow specific procedures as stipulated by law.
Eligible entities for establishing export processing enterprises
There are no specific legal provisions regarding who can establish an export processing enterprise. However, investors must comply with specific regulations related to legal status, capacity, market access, and more, according to the Investment Law 2020 and the Enterprise Law 2020.
Procedures for establishing export processing enterprises
Submission of application to competent authorities
a) Establishing an export processing enterprise simultaneously with obtaining an Investment Registration Certificate:
Investors must submit their application to the competent state authority, including:
– A commitment regarding their ability to meet customs inspection and supervision conditions as per the laws on export and import duties.
– An application for aninvestment registration certificate in accordance with investment laws.
The investment registration authority will issue the investment eegistration certificate, noting the goal of establishing the export processing enterprise.
b) Establishing an export processing enterprise separately from obtaining an investment registration certificate:
Investors submit their application to the investment registration authority where the export processing enterprise will be located. The application must include:
– Documentation regarding the investment project as required by investment laws;
– A commitment regarding their ability to meet customs inspection and supervision conditions as per the laws on export and import duties.
The investment registration authority will issue a certificate of registration for the export processing enterprise within 3 working days from the date of receiving a complete and valid application, for investment projects not requiring an Investment registration certificate.
c) If the investment project requires approval of the investment policy
Investors must submit:
– A commitment regarding their ability to meet customs inspection and supervision conditions as per the laws on export and import duties;
– An application for approval of the investment policy for the investment project according to investment laws.
The investment registration authority certifies the registration for the export processing enterprise.
The investment registration authority issues a certificate of registration for the export processing enterprise to the investor within 3 working days from the date of receiving the investment policy approval document for projects that do not require an Investment Registration Certificate. Alternatively, the authority may note the goal of establishing the export processing enterprise in the Investment Registration Certificate when issuing it in accordance with investment laws.
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Legal basis:
- Investment Law 2020.
- Enterprise Law 2020.
- Law on Export and Import Duties 2016.
- Environmental Protection Law 2020.
- Decree No. 35/2022/ND-CP on the management of industrial zones and economic zones.
- Decree No. 18/2021/ND-CP amending Decree No. 134/2016/ND-CP guiding the Law on Export and Import Duties.
- Decree No. 128/2020/ND-CP regulating administrative penalties in the field of customs.
- Decree No. 102/2021/ND-CP amending decrees on administrative penalties in the fields of taxation, invoices; customs; insurance business, lottery business; management and use of public assets; thrift practice and waste prevention; national reserves; state treasury; accounting and independent auditing.
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