Please let us know about procedures for registration of franchising?

On 25 May 2006 the Ministry of Trade issued Circular No.09/2006/TT-BTM providing guidelines on procedures for registration of franchising. Following is some content of the Circular: June

 

-            Competent authorities to register franchising include the Ministry of Trade and Department of Trade and the Department of Trade and Tourism: the Ministry of Trade is the authority for registration from abroad to Vietnam and vice versa; the Provincial or municipal Department of Trade and Department of Tourism in the location where the proposed franchisor registering the franchising, is the authority for registration of domestic franchising.

-           Application file for registration of franchising comprises of:

(i)                   Application for registration of the franchising;

(ii)                 Franchise disclosure statement;

(iii)                Notarized copy of the business registration certificate or investment license if the franchise is carried out from Vietnam to abroad or notarized copy of the business registration certificate or equivalent document of the foreign trader certificated by competent authority of the foreign country if the franchise is carried out from abroad to Vietnam;

(iv)                Notarized copy of certificate of protection of intellectual property right in Vietnam or foreign country it these are to be licensed or assigned and;

(v)                  Documents evidencing approval by the primary franchisor if the applicants are for registration of a sub-franchisor.

Within 02 working days from receipt of an incomplete or invalid application file, the registration authority is to provide written notice to the applicant to supplement the file. Within 05 working days from the date of receipt of a valid and complete file, the registration authority must notify the applicant of registration of the franchise. If the registration is refused, a reason must be provided.

 

-----------------------------------------

Consulted by InvestConsult Group

Tel:      (84.4) 5373262

Fax:     (84.4) 5373283

Email: incom@hn.vnn.vn