List of conditional business lines - the Ministry of Finance
No. Name of conditional businesses Form of business condition Current legal regulation Authority
1
Accounting services
Accounting practice certificate
- Chapter IV of the Law on Accounting: “Accountancy”; - Article 40, 41, 42 Decree No.129/ 2004/ND-CP; - Clause 2 of Circular No.72/2007/ TT-BTC
Vietnam Accounting Association (VAA)
2
Services
Certificate of satisfaction of conditions for audit service provision
- Article 21 of the Law on Independent Audit; - Decree No.17/2012/ND-CP; - Circular No.203/2012/TT-BTC
The Ministry of Finance
3
Services for performance of tax procedures
Certificate of practice of performance of tax procedures
- Article 20 of the Law on Tax Management No.78/2006/QH11; - Circular No.117/2012/TT-BTC
General the Department of Taxation
4
Securities companies with the following business operations: - Securities brokerage; - Securities self-trading; - Securities issue underwriting; - Securities investment consultancy
- Incorporation and operation license of the securities company; - Certificate for practice of securities brokerage; - Certificate for practice of financial analysis
- Articles 60, 79 the Law on Securities; - The Law on Amendments and Supplements to a number of Articles of the Law on Securities No.62/2010/QH12; - Articles 3, 17 of the Rules on securities practice enclosed with Decision No.15/2008/QD-BTC; -Decree No.58/2012/ND-CP; - Circular No.210/2012/TT-BTC
State Securities Commission
5
Securities depository
Certificate of registration for securities depository operation
- Article 47 the Law on Securities; - Decision No.87/2007/QD-BTC; - Circular No.43/2010/TT-BTC
State Securities Commission
6
Securities investment fund management companies with the following business operations: - Securities investment fund management; - Management of securities portfolios; - Securities investment consultancy.
- Incorporation and operation license securities investment fund management companies; - Certificate for practice of fund management
- Article 79 the Law on Securities; - Clause 15 Article 1 the Law on Amendments and Supplements to a number of Articles of the Law on Securities; - Articles 3, 17 of the Rules on securities practice enclosed with Decision No.15/2008/QD-BTC; - Decree No.58/2012/ND-CP; - Circular No.212/2012/TT-BTC
State Securities Commission
7
Establishment of insurance companies
Incorporation and operation license
- Articles 58, 62, 63, 65, 66 of the Law on Insurance Business; - Clause 7, 8, 9 Article 1 of the Law on Amendments and Supplements to the Law on Insurance Business No.61/2010/QH12; - Clauses 1, 2 Article 6, clauses 1, 2 Articles 7, 8 of Decree No.45/ 2007/ND-CP; - Articles 38, 39, 40, 41 of Decree No.123/2011/ND-CP; - Articles 4, 5, 7, 8, 9, 11, 12 of Circular No.124/2012/TT-BTC
The Ministry of Finance
8
Establishment of re-insurance companies Incorporation and operation license
- Article 43 of Decree No.123/2011/ ND-CP;
- Articles 4, 5, 7, 8, 9, 11, 12 of Circular No.124/2012/TT-BTC
The Ministry of Finance
9
Establishment of insurance brokerage companies
Incorporation and operation license
- Article 93 of the Law on Insurance Business; - Clause 1, 3 Article 6, Clause 1, 3 Article 7, Article 8 of Decree No.45/2007/ND-CP; - Articles 38, 39, 41 of Decree No.123/2011/ND-CP; - Articles 4, 5, 7, 8, 9, 11 of Circular No.124/2012/TT-BTC
The Ministry of Finance
10
Establishment of branches of foreign non-life insurance companies in Vietnam
Incorporation and operation license
- Articles 9, 10, 11 of Decree No.123/2011/ND-CP; - Articles 4, 6, 10, 11 of Circular No.124/2012/TT-BTC
The Ministry of Finance
11
Establishment of representative offices of insurance entities in Vietnam
License for establishment of representative offices
- Articles 106, 107, 108, 109, 110, 111 of the Law on Insurance Business; - Article 36 of Decree No.45/2007/ ND-CP; - Article 55 of Circular No.124/ 2012/ TT-BTC
The Ministry of Finance
12
Cross-border provision of insurance services and insurance brokerage
Documents evidencing the satisfaction of the conditions of legal capacity, financial capacity and damage solving capacity of foreign insurance companies, insurance brokerage companies
Articles 3, 4, 5, 6, 7 of Decree No.123/2011/ND-CP
The Ministry of Finance
13
Insurance agency
Insurance agency certificate
- Article 86 of the Law on Insurance Business; - Clause 10 Article 1 of the Law on Amendments and Supplements to a number of Articles of the Law on Insurance Business; - Clause 4 Article 49 of Circular No.124/2012/TT-BTC
The Ministry of Finance
14
Insurance agency training institution
Written consents of the Ministry of Finance
- Item c, Clause 1 Article 86 of the Law on Insurance Business; - Articles 48, 49 Circular No.124/2012/TT-BTC
The Ministry of Finance
15
Asset price-appraising service
Certificate of satisfaction of conditions for assets price-appraising service provision
- Article 14 of the Ordinance on Prices; - Article 9 Decree No.101/2005/ND-CP; - Clauses 2, 3 and 4 of Section IV of Part B of Circular No.17/2006/TT-BTC; - Decree No.89/2013/ND-CP
The Ministry of Finance
16
Provision of corporate valuation for equalization
Being in the List of price-appraising consultancy entities permitted to provide services as provided by Circular No.127/2012/TT-BTC
- Decree No.59/2011/ND-CP; - Decree No.189/2013/ND-CP; - Chapter II of Circular No.127/ 2012/TT-BTC
The Ministry of Finance
17
Lottery business
Certificate of satisfaction of conditions for lottery business operation
- Article 24 of Decree No.30/2007/ND-CP; - Clause 1 Article 1 Decree No.78/2012/ND-CP
The Ministry of Finance
18
Branches of audit firms satisfying the conditions for provision of audit service
Written consents
Circular No.203/2012/TT-BTC
The Ministry of Finance
19
Provision of cross-border audit service of foreign audit firms
Certificate of satisfaction of conditions for provision of cross-border audit service in Vietnam
Article 11 Decree No.17/2012/ND-CP
The Ministry of Finance
20
Training institutions permitted to organize training to update knowledge for auditors on an annual basis
Written consents
Circular No.150/2012/TT-BTC
The Ministry of Finance
21
Provision of audit service
Certificate of registration for audit practice
Circular No.202/2012/TT-BTC
The Ministry of Finance
22
Securities investment companies with the operation of Securities investment
Incorporation and operation license of the securities investment company
- Articles 79, 96, 97 of the Law on Securities; - Chapter VII of Decree No.58/2012/ND-CP; - The Rules on securities practice enclosed with Decision No.15/2008/QD-BTC
State Securities Commission
23
Representative offices foreign securities companies in Vietnam
Certificate of registration for operation of Representative offices of foreign securities companies in Vietnam
- Article 78 the Law on Securities; - Article 74, 75 of Decree No.58/2012/ND-CP
State Securities Commission
24
Representative offices foreign fund management companies in Vietnam
Certificate of registration for operation of Representative offices of foreign fund management companies in Vietnam
- Article 78 of the Law on Securities; - Article 74, 75 Decree No.58/2012/ ND-CP
State Securities Commission
25
Branches of foreign securities companies in Vietnam
Incorporation and operation license of branches of foreign securities companies in Vietnam
- Article 77 the Law on Securities; - Article 74 Decree No.58/2012/ ND-CP
State Securities Commission
26
Branches of foreign fund management companies in Vietnam
Incorporation and operation license of branches of foreign fund management companies in Vietnam
- Article 77 the Law on Securities; - Clause 3, Article 71, 74 Decree No.58/2012/ND-CP
State Securities Commission
27
The business of prize-winning games for foreigners
Certificate of satisfaction of the conditions for conducting business of prize-winning games for foreigners
Article 19, 22 Decree No.86/2013/ ND-CP
The Ministry of Finance
28
Debt collection service
Certificate of registration for debt collection service
Chapter 3, Decree No.104/2007/ ND-CP
Business registration offices
29
Agents carrying out customs procedures
1. Having made business registration according to the provisions of law; 2. Being engaged in the business line of providing the service of forwarding export or import goods, or the service of making customs declarations on others’ behalf, which is stated in its business registration certificate; 3. Having at least one (01) customs agent staff member. 4. Satisfying conditions for connecting with computer networks of customs offices for carrying out electronic customs procedures at provincial/municipal Customs Departments (hereinafter called provincial Customs Departments for short), where electronic customs procedures have been carried out.
- Law on Customs No.29/2001/QH10 - Law on amendment of and addition to a number of articles of the Law on Customs No. 42/2005/QH11 - Article 19 2 Decree No.14/2011/NĐ-CP; - Article 4 Circular No.80/2011/TT-BTC.
General Department of Vietnam Customs
30
Duty-free shops
Permit for operating sales tax exemption
- Decision No.24/2009/QD-TTg; - Circular No.148/2013/TT-BTC.
People's Committees of provinces and cities having international border