Consultant franchise Registration

The franchiser must register with the competent state agency before franchising

1. Decentralized implementation of the registration:

- The Ministry of Trade shall register the following commercial franchising activities:

• Commercial franchises from overseas into Vietnam, including commercial franchises from export processing zones, non-tariff areas or separate customs areas specified by Vietnamese law into the Vietnamese territory;

• Commercial franchises from Vietnam to overseas, including commercial franchises from the Vietnamese territory into export processing zones, non-tariff areas or separate customs areas specified by Vietnamese law.

- Trade Services and Trade-Tourism Services of provinces or centrally-run cities where traders who intend to franchise make business registration shall register commercial franchising at home, except for franchising across boundaries of export processing zones, non-tariff areas or separate customs areas specified by Vietnamese law.

2. Registration dossier will include the following document:

- Application for registration of the franchise form guide by the Ministry of Industry and Trade.

- The introduction of franchising in the form prescribed by the Ministry of Industry and Trade.

- The written certifications of:

• Legal status of the intended franchiser;

• Industrial property right protection titles in Vietnam or a foreign country in case of licensing industrial property subject matters for which protection titles have been granted.

Where these documents are written in foreign languages, they must be translated into Vietnamese and notarized by domestic notaries public or Vietnam's foreign-based diplomatic missions and consular legalized according to the provisions of Vietnamese law.
3. Procedures for registering commercial franchising:

- Sending a dossier of application for registration of commercial franchising to the competent state agency defined in Article 18 of the Decree No. 35/2006/NĐ-CP;

- Within 5 working days after receiving the complete and valid dossier, the competent state agency shall register commercial franchising in the commercial franchise register and notify in writing the traders of such registration;

- Where the dossier is incomplete or invalid, the competent state agency shall, within 2 working days after receiving such dossier, notify such in writing to the intended franchiser for supplementation and completion of its dossier;

- The time limits specified in this Clause shall not include the time for the intended franchiser to amend and supplement its dossier of application for registration of commercial franchising;

- Past the time limits specified in this Clause, if the competent state agency refuses to affect the registration, it must notify such in writing to the intended franchiser, clearly stating the reasons for refusal.  
 

* For any further request, feel free contact us.

(Intercode Team)