Adjustment to the scale of the retail outlet that is not the first one of a foreign-invested economic organization

A. SUBJECTS IMPLEMENTING PROCEDURES

Foreign-invested economic organizations shall carry out procedures for adjusting the License for the retail outlet establishment that is not the first one when there is a change in the scale ooutlett oulet.

Legal basis: Article 30 of Decree No. 09/2018/ND-CP.

B. SEQUENCE

1. In case of reduction in the area of the retail outlet that is not the first one

Step 1: Preparing the required dossier.
Step 2: Submitting

One set of applications shall be submitted in person, by post, or via the Internet (if available) to the Department of Industry and Trade of the prinince to which the headquarters is located.

Step 3: Within 3 working days from the date on which the application is received, the Department of Industry and Trade shall verify it and request necessary modifications if it is inadequate or unsatisfactory.
Step 4: Within 5 working days from the date on which an adequate and satisfactory application is received, the Department of Industry and Trade shall issue a modified license for the establishment of a retail outlet; if the application is refused, they shall explain in writing.

Legal basis: clause 2 Article 32 of Decree No. 09/2018/ND-CP.

2. In case of an increase in the area of the retail outlet that is not the first one

a) Increase in the area of the retail outlet following the first one that is not subject to ENT (which is set up in a shopping mall and not a convenience store, mini supermarket, less than 500 m²):

Step 1: Preparing the required dossier.
Step 2: Submitting

One set of applications shall be submitted in person, by post, or via the Internet (if available) to the Department of Industry and Trade of the province where the headquarters is located.

Step 3: Within 3 working days from the date on which the application is received, the Department of Industry and Trade shall verify it and request necessary modifications if it is inadequate or unsatisfactory.
Step 4: Within 5 working days from the date on which an adequate and satisfactory application is received, the Department of Industry and Trade shall issue a modified license for the establishment of a retail outlet; if the application is refused, they shall explain in writing.

Legal basis: clause 2 Article 32 of Decree No. 09/2018/ND-CP.

b) Increase in the area of the retail outlet following the first one which is subject to ENT

Step 1: Preparing the required dossier.
Step 2: Submission

02 (two) sets of applications shall be submitted in person, by post, or via the Internet (if available) to the Department of Industry and Trade of the province where the headquarters is located.

Step 3: Appraisal

Within 03 working days from the date of receipt of the dossier, the Licensing agency shall examine and request amendments and supplements if the dossier is inadequate and invalid.
Within 05 working days from the date of receipt of a complete and valid application, the Licensing agency shall examine the satisfaction of conditions specified in clause 1 Article 22 of Decree No. 09/2018/ND-CP:
In case the conditions are not met: the Licensing agency shall provide a written reply clearly stating the reason;
In case the conditions are met: the Licensing agency proposes to establish the ENT Council according to the provisions of clauses 1 and 2 of Article 24 of Decree No. 09/2018/ND-CP.

Step 4: ENT Checking

Within 07 working days from the date of receipt of the request for the establishment of the ENT Council, the Provincial People’s Committee shall establish the ENT Council.
Within 30 days from the date of establishment, the ENT Council evaluates the ENT criteria as specified in clause 2 Article 23 of Decree No. 09/2018/ND-CP for the Chairman of the ENT Council to issue an outcome.
Within 03 working days from the date of receipt of the written outcome issued by the Chairman of the ENT Council:
In case of refusal, the Licensing agency shall provide a written reply clearly stating the reason;
In case of acceptance, the Licensing agency shall send the dossier for a consultation to the Ministry of Industry and Trade as specified at point c clause 3 Article 8 of Decree No. 09/2018/ND-CP (Form No. 09 in Appendix attached to Decree No. 09/2018/ND-CP).

Step 5: The Ministry of Industry and Trade considers approval or refusal for granting the License

Within 10 days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents as specified in Article 25 of Decree No. 09/2018/ND-CP to provide written approval for the issuance of the Retail Outlet Establishment License; in case of refusal, there must be a written reply clearly stating the reason (Form No.10 in the Appendix attached to Decree 09/2018/ND-CP).

Step 6: The Department of Industry and Trade issues the License or provides a written refusal of granting the License

Within 03 working days from the date of receipt of written approval from the Ministry of Industry and Trade, The Department of Industry and Trade shall issue the Retail Outlet Establishment License; in case of refusal, the Ministry of Industry and Trade shall provide a written reply with an explanation.

Legal basis: clause 4 Article 32 of Decree No. 09/2018/ND-CP.

C. PROFILE COMPOSITION AND QUANTITY:

Pursuant to Article 31 of Decree No. 09/2018/ND-CP, the application for adjustment to the scale of the retail outlet that is not the first retail outlet shall include:

			Reduction in the area	Increase in the area (NOT *subject to ENT)*	*Increase in the area (subject to ENT)***
No.	Name	Quantity
1	An application form for modification of license for setting up a retail outlet (Form No. 05 of Appendix attached to Decree No. 09/2018/ND-CP).	01 original	x	x	x
2	Documents related to a reduction in the retail outlet area.		x
3	A representation specifying: The location: Address of retail outlet; description of the general area, relevant area and area for setting up retail outlet; and enclosed retail outlet documentation; The latest income statement of retail outlet.	01 original		x
4	A document justifying that the enterprise incurs no overdue tax issued by the tax authority.	01 original		x	x
5	The latest income statement of retail outlet.	01 original			x
6	A written explanation about the satisfaction of retail outlet establishment conditions set out in clause 2 Article 27 of Decree No. 09/2018/ND-CP.	01 original			x
7	A written explanation of the ENT criteria as prescribed at points c, d and dd clause 2 Article 23 of Decree No. 09/2018/ND-CP.	01 original			x

Quantity:

Reduction in te area : 01 (one) set.
Increase in the area (NOT subject to ENT): 01 (one) set.
Increase in the area (subject to ENT): 02 (two) sets.

Note:

Within 5 working days from the date of receipt of the modified license for the establishment of the retail outlet, the foreign-invested business entity shall return the former license for the establishment of the retail outlet to the licensing agency.