Registering Franchises In Vietnam
Oct 8, 2013
Pursuant to Vietnamese law, foreign franchises that wish to operate in Vietnam are required to register their commercial franchising activities in Vietnam. However, domestic commercial franchising operations and Vietnam-to-overseas commercial franchising operations do not need to register. Note that the requirement to register also covers commercial franchising activities conducted from export processing zones, non-tariff areas and separate customs areas into Vietnamese territory.
For an overseas franchise to register its activities in Vietnam, the franchisor must submit a completed application dossier to the Ministry of Industry and Trade (“MOIT”). The application dossier must consist of the following:
- An application for registration of commercial franchise (under the form of the MOIT);
- A written introduction of commercial franchise, made according to the form set by the MOIT;
- Written certifications of:
- The legal status of the intended franchisor; and
- 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.
Documents specified in items 2 and 3 above must be consularized and legalized according to the provisions of Vietnamese law.
Within five working days from the date of receipt of the completed application file, the MOIT shall register the franchise and issue the official notice on the registered franchise. In the event that the application file is incomplete or invalid, the MOIT shall notify such in writing to the intended franchisor within two working days after receiving such dossier. After the time limit has expired, if the MOIT refuses to effect the registration, it must notify such in writing to the intended franchisor clearly stating the reasons for refusal.
Information provided by:
Mr. Christian Glanville
Chief Operating Officer of Limcharoen Vietnam
Havana Tower, 19th Floor, #1901, 132 Ham Nghi Street, District 1, Ho Chi Minh City, Vietnam
Phone: +84 (8) 6291 7000
Fax: +84 (8) 6291 6999