For the above problems, the Ministry of Industry and Trade hasOfficial dispatch 2095/BCT-KHTC year 2023 Guidance on similar cases for Sojitz Vietnam Co., Ltd. is as follows:

According to Business License No. 0307636500/KD-0317 issued by the Department of Industry and Trade of Ho Chi Minh City for the second time on December 2, 2019, the Company has been licensed to carry out:

- Commercial brokerage activities and business representatives between Vietnamese traders and foreign traders in conducting purchase and sale activities of goods that Sojitz Vietnam Co., Ltd. is authorized to distribute in Vietnam.

The Ministry of Industry and Trade relies on the following regulations to answer the above issue:

2. According to the provisions of Clause 1, Article 6 of the 2005 Commercial Law: "Traders include legally established economic organizations and individuals who conduct commercial activities independently, regularly and have business registration" .

3. According to the provisions of Clause 1, Article 10 of the 2005 Commercial Law: "Foreign traders are traders established, registered for business in accordance with foreign laws or recognized by foreign laws."

However, the regulation that a foreign trader is a trader established, registered for business in accordance with foreign law or recognized by foreign law is the content specified in Clause 1, Article 16.Commercial Law 2005 regulations on foreign traders conducting commercial activities in Vietnam.

Regarding the issue of FDI enterprises, they must adjust business license If you want to operate a business other than the content on the Business License or not, in principle, the Company is allowed to carry out brokerage and representative activities between Vietnamese traders and foreign traders in accordance with regulations. of Business License and provisions of the Commercial Law on “traders” and “foreign traders”.

In case the Company needs to carry out commercial brokerage activities or represent traders with content/objects different from those specified in the Business License, the Company needs to carry out procedures to adjust the Business License. in accordance with the provisions inDecree 09/2018/ND-CP.