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Activities
Japanese Partner
The foreign ownership
limits applicable to certain logistics related services are scheduled out by
the WTO Commitments of Vietnam and Decree 140/2007 on Logistics Services,
according to which:
Before 11 January 2014,
to most of the logistics related services, a foreign investor cannot incorporate a wholly foreign
invested company but only a Joint Venture Company with a Vietnamese party. The
proportion of foreign investment shall vary according to the specific services
provided by the logistic service provider.
From 11 January 2014 on, the market is more opened to Foreign Investors, with various form and levels in the three groups of services as belows:
Principal logistic services
Logistic services relating to transportation
Other related logistic services
Group of Principal Logistic
Services
(a) For the business in arranging pickup and loading of goods, including loading
goods into containers, the capital contribution ratio of
the foreign investor in the JVC does not exceed 50%;
(b) For the business in Goods warehousing and storage services, including the
business of warehousing in containers and storage for processing raw materials
and equipment - it is possible to invest
100% of FDI;
(c) For the business in Transportation agency services, including agency
activities of conducting customs procedures and preparing plans for unloading
goods - the foreign investor can only
invest in under the form of JVC but not be restricted in terms of the capital
contribution ratio of the foreign investor;
(d) For the business in Other subsidiary services including activities of
receiving, archiving and managing information about transportation and storage
of goods throughout the entire logistic process; activities being reprocessing
of goods returned by clients, reprocessing of goods in storage and of out of-date
goods and redistribution of such goods; and activities being leasing out and
hire purchase of containers - the foreign
investor can only invest in under the form of JVC but not be restricted in
terms of the capital contribution ratio of the foreign investor.
Group of Logistic Services
Relating to Transportation
(a)
For the business in maritime transportation services - Foreign
Investors are currently permitted to establish 100% foreign invested company. However, the FDI
company trading in maritime transportation services is only permitted to
carry out activities as indicated below:
1.
Marketing
and sales maritime transport services through direct contact with customers,
from quotation to invoicing;
2. Acting
on behalf of the cargo owners;
3.
Provision
of required business information;
4. Preparation
of documentation concerning transport documents including customs documents, or
other documents related to the origin and character of the goods transported;
and Provision of maritime transport services including cabotage services by
Vietnamese flagged vessels for the supply of integrated transport services.
5. Acting
on behalf of the company, organising the call of the ship or taking over
cargoes when required;
6. Negotiate
and sign contracts for road, rail, inland waterways transportation related to
cargoes transported by the company.
(b)
For the business in internal waterway and/or rail transportation
services - the capital contribution ratio of the foreign investor in the
JVC does not exceed 49%;
(c)
Aviation transport
business services
shall be implemented in accordance with the Law on Civil Aviation of Vietnam;