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.
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