(+84) 96 167 55 66
info@vietanlaw.com

Register commercial franchise in Vietnam

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!

Related Acticle

Trademark registration application under the Madrid Agreement

Trademark registration application under the Madrid Agreement

The Madrid Agreement on the international registration of trademarks was signed in the capital Madrid – Spain on April 14, 1891. The content of the Agreement is to establish a…
Opposition time limit for industrial design application in Vietnam

Opposition time limit for industrial design application in Vietnam

With current developments, improving product designs and appearances and creating new designs is an inevitable trend. To protect industrial designs in particular and intellectual property rights in general, industrial design…
Trademark registration in Belize

Trademark registration in Belize

Belize possesses many location advantages that offer great development potential for this country. In terms of strategic location, Belize is located in Central America, bordering the Caribbean Sea, which is…
Trademark registration in Bosnia and Herzegovina

Trademark registration in Bosnia and Herzegovina

Bosnia and Herzegovina is located in southeastern Europe, bordered by Croatia to the north and northwest, Serbia to the east, Montenegro to the southeast and the Adriatic Sea to the…
Trademark registration for clothes hangers in Vietnam

Trademark registration for clothes hangers in Vietnam

Presently, clothes hangers are common products in every household. Accordingly, many brands of clothes hangers were born, resulting in low-quality and fake products appearing on the market. Trademark registration is…

CONTACT VIET AN LAW

Hanoi Head-office

#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam

info@vietanlaw.com

Ho Chi Minh city office

Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam

hcm@vietanlaw.com

SPEAK TO OUR LAWYER

English speaking: (+84) 9 61 67 55 66 - Lawyer Dong Van Thuc ( Alex) (Zalo, Viber, Whatsapp, Wechat)

Vietnamese speaking: (+84) 9 33 11 33 66 - Dr. Lawyer Do Thi Thu Ha (Zalo, Viber, Whatsapp, Wechat)