Commercial franchise is a conditional business sector in Vietnam. If foreign investors intend to franchise here, they have to perform the procedures for registration of commercial franchise. The procedures for this is regulated in Decree No. 53/2006/NĐ-CP and Circular No. 09/2006/TT-BTM. Viet An Law Firm collects and provides some related regulations as follows:
Applicable entities: Vietnamese traders or foreign traders who intend to franchise.
The procedures shall be performed before franchising.
Place of registration: The Ministry of Industry and Trade.
Dossier for commercial franchise registration includes:
- Written request for commercial franchise registration (using the form MĐ-1 attached in Circular No. 09/2006/TT-BTM);
- Written description of commercial franchise (using the form in the Annex 3 of Circular No. 09/2006/TT-BTM);
- Original copy or notarized copy or copy provided with original of the following documents:
- The business registration certificate or investment certificate, in case of commercial franchises from Vietnam to overseas;
- The business registration certificate or equivalent paper of foreign traders in case of commercial franchise from overseas to Vietnam;
- The industrial property right protection title in Vietnam or a foreign country, in case of licensing industrial property subject matters for which protection titles have been granted.
- Paper proving approval of the primary franchisor in case the applicant is the secondary franchisor.
Notice: Documents in foreign languages must be consular legalized, notarized and translated into Vietnamese.
Duration:
- Within 05 working days from the day on which the valid dossier is received, the Ministry of Industry and Trade will record in the Commercial Franchise Registration Book and inform the applicant with written documents;
- If the dossier is incomplete and/or invalid, within 02 working days from the date of receipt, the Ministry of Industry and Trade will inform the applicant with written documents so the applicant have to supplement and adjust the dossier as required;
- In case the Ministry of Industry and Trade refuse the registration, within 05 working days from the day on which the valid dossier is received, a written answer providing explanation shall be sent to the applicant.
Announcing changes in registration information:
The franchisor has the obligations to inform the Ministry of Industry and Trade within 30 days since changing the following matters:
- The legal status of franchisor;
- The industrial property right protection title in Vietnam or a foreign country in case of licensing industrial property subject matters for which protection titles have been granted.
Using the form TB-5 in the Annex II Circular No. 09/2006/TT-BTM.
Terminate the registration of commercial franchise:
- Traders terminate their business or change into new business sectors;
- The certificate of business registration or the certificate of investment registration of traders are revoked.
Services at Viet An Law Firm:
- Consult about regulations relating to commercial franchise;
- Consul about procedures for commercial franchise complying with the law;
- Represent for clients to work with state-authorized agencies;
- Consult and draft commercial franchise contracts;
- Consult about potential, finance, opportunities and troubles which may incurred during the commercial franchise process;
- Supervise and regularly consult for clients during practicing commercial franchise based on client’s demand.
If our clients have any concern about commercial franchise in Vietnam, please feel free to contact Viet An Law Firm for more information!
