Registration of franchising activity from overseas to Vietnam

1. CONDITIONS

Object Content
1. Franchisor
  • The business system intended for franchises has been in operation for at least 01 year;
  • Franchisors have registered commercial franchising activities.

 

2. Franchisee
  • Franchisee must register the business lines subject to commercial rights.
3. Goods or services
  • Not violating the provisions of Article 7 Decree 35/2006/ND-CP, specifically:
  • Goods or services permitted for commercial franchising are those not on the list of banned goods and services.
  • If goods and services are on the list of goods and services restricted from business or those on the list of goods and services subject to conditional business, a business license, equivalent papers must be granted before franchising.

2. PROFILE COMPOSITION

  • The application form for registration of commercial franchising activity (Form MD-1 in Appendix II attached to Circular 09/2006/TT-BTM);
  • A written introduction of the commercial franchise (form in Appendix III attached to Circular 09/2006/TT-BTM (consular legalization);
  • Certified documents on:
  • Legal status of the intended franchisor: A copy of the Enterprise Registration Certificate or equivalent documents of foreign traders certified by the competent authorities where such foreign traders are established (consular legalization);
  • A duplicate or a notarized copy or a copy provided with the original for comparison in terms of the industrial property right protection title in Viet Nam or a foreign country in case of transferring subject matters of industrial property for which protection titles have been granted (consular legalized);
  • Papers proving the primary franchisor’s approval in case the trader registering to the franchise is the secondary franchisor;
  • The franchisor’s power of attorney in which such franchisor designates individual/organization to act on behalf of him or her to carry out procedures for registration of franchise (consular legalization) in the event the franchisor does not directly carry out these procedures.

3. SEQUENCE

  • The intended franchisor shall send an application for commercial franchising registration to the Ministry of Industry and Trade directly or via post.
  • If the dossier is complete and valid: within 05 working days from the date of receipt, the Ministry of Industry and Trade will record it in the Commercial Franchise Registration Book and provide written notice for traders. In case of refusal, the Ministry of Industry and Trade shall provide a written notice clearly stating the reason.
  • If the dossier is incomplete and invalid: within 02 working days from the date of receipt, the Ministry of Industry and Trade shall provide written notice for amendments and supplements for such dossier to be completed;

4. EXECUTION AGENCY:

Ministry of Industry and Trade

5. FEES AND CHARGES:

 Free

6. LEGAL BASIS:

  • Decree No.35/2006/ND-CP dated March 31st, 2006 of the Government detailing the implementation of commercial law regarding franchising;
  • Decree No.120/2011/ND-CP dated December 16th, 2011 of the Government amending and supplementing administrative procedures provided in a number of decrees detailing the commercial law;
  • Decree 08/2018/ND-CP dated January 15th, 2018 of the Government on amendments to certain decrees related to business conditions under state management of the ministry of industry and trade;
  • Circular No.09/2006/TT-BTM dated May 25th, 2006 of the Ministry of Trade (now the Ministry of Industry and Trade) guiding the commercial franchising registration;
  • Decision No.106/2008/QD-BTC dated November 17th, 2008 of the Ministry of Finance stipulating regulations on the rates, regimes of fees collection, fees remittance and use of fees for registration of franchising activities.
Print Friendly, PDF & Email

SCHEDULE AN APPOINTMENT






    Related post: