Currently, e-commerce industry is developing strongly in our country, accordingly, the demand for goods transport also increases. This article will give readers the legal provisions related to Logistics services.
Firstly, we need to define what is “logistics?” ”
Logistics services are commercial activities whereby traders organize one or more jobs including receipt of goods, transportation, storage, warehousing, customs clearance, other paperwork, and private services. consulting customers, packaging, marking, delivery or other services related to the goods as agreed with the customer for remuneration. Logistic service is phonetically translated into Vietnamese as a logistic service.
Secondly, logistic classification:
Logistics services provided include:
Container handling services, except services provided at airports.
Container warehousing service is a service of maritime transport.
Warehouse service is a service that supports all modes of transportation.
Delivery service.
Freight agency services.
Service of customs clearance agents (including customs clearance service).
Other services, including the following activities: Check bill of lading, freight brokerage, cargo inspection, sampling and weight determination services; service of receipt and acceptance of goods; Transport document preparation service.
Wholesale and retail support services including inventory management, collection, gathering, sorting, and delivery.
Cargo transportation services of maritime transport services.
Cargo transportation services of inland waterway transport services.
Cargo transportation services of rail transport services.
Cargo transportation services of road transport services.
Air transport services.
Multimodal transport services.
Technical analysis and testing services.
Other transport support services.
Other services are agreed upon by the logistics service provider and the customer in accordance with the basic principles of the Commercial Law.
Thirdly, in terms of business conditions of logistics services:
Traders dealing in specific services of logistics services must meet the investment and business conditions prescribed by law for such services.
Traders conduct part or all of logistics business activities by electronic means connected to the Internet, mobile telecommunications networks or other open networks, in addition to complying with the provisions of law on specific services, and must also comply with e-commerce regulations.
Conditions for foreign investors providing logistics services:
In addition to meeting the above conditions, foreign investors of countries and territories being members of the World Trade Organization may provide logistics services under the following conditions:
In case of providing cargo transportation services under maritime transport services (except domestic transportation):
Set up companies operating fleets of Vietnam’s flag or contributing capital, buying shares, or buying capital contributions in enterprises, of which the foreign investor’s share of capital shall not exceed 49%. The total number of foreign crew members working on Vietnamese-flagged ships (or registered in Vietnam) owned by these companies in Vietnam shall not exceed one-third of the ship’s charter. The first master or first mate must be Vietnamese citizens.
Foreign shipping companies may establish enterprises or contribute capital, purchase shares or contribute capital in enterprises.
In case of providing container loading and unloading services belonging to maritime transport support services (some areas may be reserved to provide services or applying licensing procedures in these areas), established enterprises or contribute capital, purchase shares or contribute capital in enterprises, in which the proportion of foreign investors’ capital contribution does not exceed 50%. Foreign investors are allowed to establish a commercial presence in Vietnam in the form of business cooperation contracts.
In case of providing container loading and unloading services, which support services of all modes of transport, except for services provided at airports, set up enterprises or contribute capital, purchase shares or contribute capital in enterprises , in which the proportion of foreign investors’ capital does not exceed 50%.
In case of providing customs clearance services belonging to the shipping support service, establishing an enterprise or contributing capital, buying shares, or buying capital contributions of enterprises, including capital contributed by domestic investors. Foreign investors are allowed to establish a commercial presence in Vietnam in the form of business cooperation contracts.
In the case of providing other services, including the following activities: Check bill of lading, freight brokerage services, goods inspection, sampling and weight determination services; service of receipt and acceptance of goods; service of preparing transport documents, establishing a business or contributing capital, buying shares, or buying capital contributions, including capital contributions from domestic investors.
In case of providing transportation services for goods belonging to inland waterway transport services or goods transport services belonging to railway transport services, enterprises may be set up or contribute capital, purchase shares or contribute capital amounts in enterprises, in which the proportion of foreign investors’ capital does not exceed 49%.
In case of providing cargo transportation services under transport services
phapluatdoanhnghiep.vn
- CONDITIONS FOR APPLYING THE CUSTOMS PRIORITY ENTERPRISE REGIME
- CONSULTING FOR ESTABLISHMENT OF A REPRESENTATIVE OFFICE OF FOREIGN COMPANIES IN VIETNAM
- PROCEDURES FOR REGISTER FOR CHANGING OWNERS OF ONE MEMBER LIMITED LIABILITY COMPANY
- FORMS OF DIVIDEND PAYMENT OF ENTERPRISES
- CURRENT PROVISIONS ON UPDATING THE NEW ECONOMIC CODE
