Procedures for issuance of establishment license of retail outlets following the first one which is not subject to economic need test (ENT)

1. OBJECTS.

The foreign-invested entity applies for a license to set up a retail outlet other than the first retail outlet and such retail outlet establishment is not subject to ENT, which means that such retail outlet shall meet all 03 criteria: (i) less than 500 m²in area; (ii) located in the commercial center and (iii) not classified as a convenience store or mini supermarket.

Legal basis: Clause 1, Article 23 of Decree 09/2018/ND-CP.

2. CONDITIONS.

To be granted the License, the foreign-invested entity must satisfy the following conditions:

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.

Legal basic: Article 22 Decree 09/2018/NĐ-CP.

3. SEQUENCE.

Step 1: Prepare application files.
Step 2: Submission

Submit 02 sets directly or via post to the Department of Industry and Trade where the headquarters of the entity is located.

Step 3: The Department of Industry and Trade receives the application

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.

Step 4: The Department of Industry and Trade shall examine the satisfaction of conditions

Within 10 working days from the date of receipt of complete and valid application, the Department of Industry and Trade 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 shall send the dossier for 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 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 a 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 with Decree 09/2018/ND-CP).

Step 6: The Department of Industry and Trade issues or provide 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 explanation.

Legal basis: Article 28, Decree 09/2018/ND-CP.

4. PROFILE COMPOSITION AND QUANTITY.

Pursuant to Article 27 of Decree 09/2018/ND-CP, the application for the License shall include:

No	Name	Reference form, declaration	Quantity
1	Retail Outlet Establishment License Application Form.	Form No.04 in the Appendix attached to Decree No.09/2018/ND-CP	Original: 1 Copy: 0
2	An explanation on conditions to be set up the 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
3	Documents from tax authorities proving that there are no overdue tax debts.		Original: 1 Copy: 0
4	A copy of Enterprise Registration Certificate.		Original: 0 Copy: 1
5	A copy of the Investment Registration Certificate in the project of sale of goods and directly related activities (if any).		Original: 0 Copy: 1
6	Investment Registration Certificate in the project of setting up retail outlet (if any).		Original: 0 Copy: 1