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Setting up a company practicing dentistry in Vietnam

SBLAW would like to provide advice on possibilities of setting up a 100% foreign invested company practicing dentistry in Vietnam as follows:
1. SETTING UP FOREIGN INVESTED COMPANY IN VIETNAM
 
The establishment of a FIC in Vietnam requires an Investment Certificate and a Certificate of Business Registration from the licensing authority.
 
Depending upon the location of the company, the licensing authority may be the Provincial People’s Committee (for companies located outside industrial or export processing zones) or the provincial Industrial and Export Processing Zones Management Authority (for companies located in industrial or export processing zones).
 
We would like to clarify that the procedure for establishment of a FIC in Vietnam generally takes a rather long time in comparison with other countries in the region.
 
Our practical experiences show that although the total time for establishment of a foreign invested company as stipulated under Vietnam Investment Law 2014 is only 15 days, the actual process may take a longer time due to that the competent authority must consult other relevant offices to evaluate the investment project.
 
With respect to several cases that involves with relocation of 10,000 people or more in highlands; 20,000 people or more in other areas or requirement for changes of land purposes or project in several special field such as Construction and operation of airports; air transport; Construction and operation of national
seaports; Petroleum exploration, extraction, and refinery etc, it shall require for approval from the National Assembly, Prime Minister or Provincial People Committee before starting the licensing process. In this case, we assume that your case is not subject to such requirement for approval. However, we reserve our right to re-quote our professional fee and amend the work schedule if your case is subject to approval of the National Assembly, Prime Minister or the Provincial People Committee. In order to setup a FIC, it shall require you to undergo two following steps:
 
Step 1: Obtainment of Investment Certificate. The Law requires that within 15 working days from submission of the application dossier the competent authority shall have to issue the Investment Certificate for Foreign Investor. However, having preliminarily discussed with the Licensing Authority, we do not much expect that the licensing authority can comply with this requirement in practice, especially, those relating to conditional investment sectors. For granting the Investment Certificate, the relevant licensing authorities shall evaluate the legitimacy and the feasibility of such Investment Project to determine on granting of the
Investment Certificate on the following basis:
 
 Legal framework including Vietnam’s WTO Commitments, Vietnam Investment Law, Vietnam Enterprise Law, Regulations applicable to specific industries as well as the master economic development plan of the city or province that the FIC shall
register its head-office.
 
 Your financial ability, investment capital to put in the Investment Project, facilities and human resources serving the implementation of such investment project in Vietnam.
 
Step 2: After obtainment of Investment Certificate, Client shall be required to obtain the Certificate of Business Registration. The Law requires that within 05 working days from submission of application dossier, the competent authority shall have to issue the Certificate of Business Registration for forming the Foreign Invested Company.
 
2. OUR SPECIFIC COMMENTS
 
Dentistry is classified to CPC 9312. Under Vietnam-WTO Commitment, foreign investor is allowed to setup wholly foreign invested company for practicing dentistry. However, in orderto obtain business license for practicing dentistry, Client must satisfy following conditions:
- Minimum investment capital for a dentistry clinic in Vietnam is 200,000USD (Two hundred thousand US Dollar);
- Construction and designing: Dentistry clinic must be in a fixed location and separated from daily-life activities of surrounding households. It must be built firmly and well lit, and have dustproof ceilings, walls and floors made of easy-to-clean materials.
 
Furthermore, the dentistry must have medical examination and treatment rooms which are at least 10m2 large each and a place for patient reception, except rooms for medical examination consulting by phone and rooms for health care consulting via telematic media and medical equipment. If you intend to perform
operation, including dental implant technique, you must also have an operation room  which is at least 10 m2 large;
 
- Medical equipment: The Dentistry clinic must have sufficient medical equipment and instruments suitable to the scope of registered professional activities and having anti-shock medicine boxes and sufficient specialized first-aid medicines;
 
- Personnel: The person in charge of professional and technical activities of a dentistry clinic must be a doctor having a practice certificate relevant to dentistry and having conducted medical examination and treatment for at least 54 months in dentistry. In
addition, other persons working in this clinic and wishing to conduct medical examination and treatment must have a practice certificate and may only conduct medical examination and treatment within the scope of their assigned jobs. The assignment of jobs must be suitable to the scope of professional activities stated in their practice certificates;
 
Scope of professional activities: A dentistry clinic in Vietnam shall be only allowed to carry out following activities:
· Examination and treatment of common diseases and first-aid for maxillary and facial wounds;
· Minor operations to prevent scars of facial minor wounds of under 2 cm;
· Temporo-mandibular joint adjustment;
· Superficial laser treatment;
· Treatment of gum (alveolaris) diseases;
· Lancing of tooth abscesses, tartar removing and tooth extraction; · Dental prosthesis;
· Dental orthopedics;
· Dental care and endodontological treatment;
· Simple implant of one or two teeth per time of manipulation (particularly for submandibular incisors, the maximum number per time of implant is four) provided doctors directly perform the implant technique have dental implant certificates granted by a medicine university or hospital at provincial or higher level.
 
Dental clinics are not allowed to perform cuboid bone grafting for implant or perform implant for patients suffering progressive adult diseases which might affect implant quality;
 
· Dental minor operation;
 
· Other professional techniques as approved by provincial-level Health Department directors based on the actual capacity of practitioners and conditions of medical equipment and physical foundations of each clinic.

» Setting Up Company in Vietnam
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