Issuance of business license concurrently with retail outlet establishment license specified in Article 20 of Decree No.09/2018/ND-CP

1. OBJECTS.

The foreign-invested entity applies for Business License concurrently with the first Retail Outlet Establishment License, in which the location of the first retail outlet is placed in the same province/municipality as the headquarters of such entity.

Legal basis: Clause 4, Article 5, Decree 09/2018/ND-CP.

2. CONDITIONS FOR ISSUANCE OF BUSINESS LICENSE CONCURRENTLY WITH RETAIL OUTLET ESTABLISHMENT LICENSE.

To be issued the Business License concurrently with the first Retail Outlet Establishment License, the foreign-invested entity must satisfy the following conditions:

2.1 General conditions:

To ensure the general conditions specified in Articles 9 and Articles 22 of Decree No. 09/2018/ND-CP. Specifically:

a) The conditions for issuance of Business License

– In case a foreign investor from a country or territory which has acceded to an International Treaty to which Viet Nam is a signatory and under which Viet Nam has committed to open its market for sale of goods and directly related activities:

  • Meet conditions on market access prescribed in International Treaty to which Viet Nam is a signatory;
  • Acquire a financial plan deemed qualified to apply for a Business License;
  • Incur no overdue tax in a case where it has been established in Viet Nam for at least 01 year.

– In case a foreign investor is not from a country or territory which has acceded to an International Treaty to which Viet Nam is a signatory:

  • Acquire a financial plan deemed qualified to apply for a Business License;
  • Incur no overdue tax in a case where it has been established in Viet Nam for at least 01 year;
  • Meet the following criteria:
  • In accordance with the provisions of specialized laws;
  • In conformity with the extent of competitiveness of domestic enterprises within the same sector;
  • Ability of creating employment for domestic workers;
  • Potential and actual contribution to the state budget.

– In case of trading services or goods (lubricating oil and grease; rice; sugar; recorded items; books, newspapers, and magazines) for which Viet Nam has not committed to open its market as specified in the International Treaty to which Viet Nam is a signatory:

  • Acquire a financial plan deemed qualified to apply for a Business License;
  • Incur no overdue tax in a case where it has been established in Viet Nam for at least 01 year;
  • Meet the following criteria:
  • In accordance with the provisions of specialized laws;
  • In conformity with the extent of competitiveness of domestic enterprises within the same sector;
  • Ability to create employment for domestic workers;
  • Potential and actual contribution to the state budget.

Note:

  • The investors applying for a Business License to exercise the right of importation and wholesale distribution of goods being lubricating oil and grease must perform one of the following activities:
  • Producing lubricating oil and grease in Viet Nam;
  • Producing or being permitted to distribute machinery, equipment, and special oil and grease in Viet Nam.
  • The investors applying for a Business License to exercise the retail distribution right of goods being rice; sugar; recorded items; books, newspapers, and magazines have already had retail establishments in the form of supermarkets, mini-marts, and convenience stores.

b) Conditions for setting up the first retail outlet

  • Acquire a financial plan deemed qualified to set up the retail outlet;
  • Incur no overdue tax in a case where it has been established in Viet Nam for at least 01 year;
  • The location where the retail outlet is set up is consistent with the relevant planning in the geographical market area.

2.2 Specific conditions:

The location of the first retail outlet is placed in the same province/municipality as the headquarters of such entity.

Legal basis: Article 20, Decree 09/2018/ND-CP

3. SEQUENCE.

  • Step 1: Prepare application files.
  • Step 2: Submit directly or via post to the Department of Industry and Trade where the headquarters of the entity is located.
  • Within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall examine and request for amendments and supplements if the dossier is inadequate and invalid.
  • Within 10 working days from the date of receipt of a complete and valid application, the Department of Industry and Trade shall examine the satisfaction of conditions specified in Article 9 and 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 shall send the dossier for consultation to the Ministry of Industry (Form No.09 in the Appendix issued with Decree 09/2018/ND-CP).
  • Step 3: Within 07 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 issued as an attachment to Decree 09/2018/ND-CP).
  • 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 Business License concurrently with Retail Outlet Establishment License. If the Ministry of Industry and Trade provides a written refusal, the Licensing Agency shall provide a written reply with an explanation.

4. PROFILE COMPOSITION AND QUANTITY.

  • Pursuant to Article 20 of Decree 09/2018/ND-CP, the application for a Business License concurrently with Retail Establishment License shall include:
No Name Reference form, declaration Quantity
1 Business License Application Form. Form No.01 in the Appendix attached to Decree 09/2018/ND-CP Original: 1
Copy: 0
2 Retail Outlet Establishment License Application Form. Form No.04 in the Appendix attached to Decree No.09/2018/ND-CP Original: 1
Copy: 0
3 An explanation on conditions to be granted the Business License (with the contents specified in Clause 2, Article 12 of Decree 09/2018/ND-CP dated 15/01/2018 of the Government.) Original: 1
Copy: 0
4 An explanation on conditions to be set up the first retail outlet (the contents specified in Clause 2, Article 27 of Decree 09/2018/ND-CP dated 15/01/2018 of the Government.) Original: 1
Copy: 0
5 Documents from tax authorities prove that there are no overdue tax debts. Original: 1
Copy: 0
6 A copy of the Enterprise Registration Certificate. Original: 0
Copy: 1
7 A copy of the Investment Registration Certificate in the project of sale of goods and directly related activities (if any). Original: 0
Copy: 1
8 Investment Registration Certificate in the project of setting up a retail outlet (if any). Original: 1
Copy: 0
  •  Quantity: 02 sets.

5. DURATION.

20 working days from the date of receipt of the complete and valid dossier.

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