Question: We are FDI company in Hochiminh city and would like to amend Investment Certificate with regard to the supplementary of Services in the field of Search Engine Optimizer (SEO, please advise the legal procedure?
Anwser: With many years of experience on Business, Foreign investment, Real estate, Litigation and with a team of professional lawyers and consultants educated from well-known universities over the world, SBLAW quietly has ability to provide highest quality of pragmatic advices and support on your intention.
1. Legal regulation on services in the field of Search Engine Optimizer (SEO):
It is our understanding that SEO are the processes of affecting the visibility of a website or a webpage in a search engine’s results. That may support the companies to improve their brand-name or increase the attraction of their products or services on the Internet. Thus, SEO services are classified to the Advertisement Services.
According to the WTO commitment, Advertisement Services are classified to CPC 871. With respect to services classified to CPC 871, under Vietnam WTO’s Commitments, it is provided that, foreign investor making investment in the field of advertisement services must joint venture with a Vietnamese Partner who has been granted right to operating in the field of advertisement services. Pursuant to the current Vietnam Law, only companies duly established and operating under the Enterprise Law of Vietnam registering advertisement services in business registration are licensed to provide advertisement services. Therefore,your company needs to joint venture with the foreign partner to carry out the advertisement sectors.
2. However, we also would like to note with you some key points, including:
– The Charter Capital and/or Investment Capital of your company should be fully contributed up-to-this-moment in accordance with contribution schedule as defined in the Investment Certificate (as of 12 months from the issuance date of current Investment Certificate);
– Your company has totally complied with the investment report scheme (e.g. quarter, annual report) as prescribed by the Vietnam Law on Investment and other regulations;
– It is required to declare the changing of tax registration content with Tax Department of Ho Chi Minh City as well as make press-release on the amendment contents of the Investment Certificate in daily printed newspaper or electronic newspaper;
– Last but not least, although the Work Permit and/or Temporary Residence Card of the legal representative is not required by the Licensing Authority on dossier submission for Investment Certificate’s establishment procedure, however it is important to obtain such licenses for legally working in Vietnam.
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