Franchise Lawyers in Vietnam

By
sblaw
-
0
1932
Franchise in Vietnam

1. Legal framework for franchise in Vietnam

Under the Circular No. 09/2006/TT-BTM dated May 25th, 2006 of Ministry of Trade (Ministry of Industry and Trade – now) guiding on the commercial franchising registration, before conducting commercial franchising, foreign traders that intend to conduct franchises from overseas into Vietnam, must register commercial franchising with Ministry of Industry and Trade in Vietnam.

Also, according to the above mentioned Circular, within 5 working days from receipt of a completed and legitimate application dossier from the applicant, the Ministry of Industry and Trade shall register the trader’s commercial franchising in commercial franchising books and provide the applicant a written notice thereon.

However, in practice, the process for registration of franchising activities can last longer as it takes time for competent authority to evaluate the documents and consult relevant state agencies on the related matter.

For ease of reference, hereinafter is an overview roadmap of licensing procedures for this service package as follows:

Step 1 Step 2 Step 3 Step 4
Preparation of application dossier Submission of application dossier to Ministry of Industry and Trade Comments from relevant agencies (if any)  Notice of registration of franchising activities

 

Time frame

Step 1 5-7 working days from receipt of necessary information and documents from Client
Step 2 01 working days from receipt of signed and sealed documents from Client
Step 3 1-2 weeks from submission of dossier to Ministry of Industry and Trade
Step 4 3-5 working days from receipt of comments from relevant competent authorities

 2.SBLAW’s Experience

We believe that SBLAW is well-positioned to assist client in registration of franchising activities for following basis:

– SBLAW’s understanding of Franchising activities both on the legal aspect and practical aspect;

– SBLAW procession of a great professional team of franchising lawyer and franchising researchers;

– Highly skilled and experienced consultants and lawyers with high ability to assist client regarding to approach business goals in Vietnam.

– Experience of SBLAW in assisting client for registration of franchising activities and reviewing franchising contract in Vietnam.

3. Client Reference of SBLAW:

– Acting for a German Fashion Investor to register franchising activities in Vietnam;

– Acting for a local company being franchisee to enter into a franchising contract with a foreign franchisor from Australia;

– Acting for a local company being franchisor to setup its franchising system in Vietnam.

4. Our Scope of works

4.1. Registration of franchising activities in Vietnam

Our services in this regard will include:

SCOPE OF SERVICES
Preparation of the application documents:

  • Notifying application documents required in accordance with Vietnamese law;
  • Drafting application documents required for submission purpose including application, power of attorney, board resolutions in English language;
  • Liaising with Client to discuss the draft application documents;
  • Amending the application documents based on Client’ comments;
  • Obtaining preliminary comments from the licensing authority on the draft application documents;
  • Finalizing the application documents following comments from the licensing authority; and
  • Translating the final version of the application documents into Vietnamese for execution.
Licensing procedures:

  • Submitting the application dossier to the licensing authority on Client’s behalf;
  • Monitoring and following up with the relevant authorities on the approval process;
  • Keeping Client updated on the developments and additional requirements, if any; and
  • Assisting Clientin obtaining the notice on registration of franchising activities in Vietnam.
Required documents

  • 02 notarized and legalized copy of Certificate of Client incorporation or the equivalent documents;
  • 02 notarized and legalized copy of Audited Financial Statement for the most recent year of Client
  • A detailed description on franchising system to be implemented in Vietnam including but not limited to organization structure, potential market, products, training activities etc.

 

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