Procedures for applying for a license to set up a retail establishment in Vietnam
Today, LSX Lawfirm will give you an article about: “Procedures for applying for a license to set up a retail establishment in Vietnam”, as follows:
Legal grounds
Decree No. 09/2018/ND-CP detailing the Commercial Law and the Law on Foreign Trade Management on goods purchase and sale activities and activities directly related to the purchase and sale of goods by foreign investors; foreign-invested economic organizations in Vietnam.
Procedures for applying for a license to set up a retail establishment in Vietnam
Prepare profile
According to Article 27 of Decree 09/2018/ND-CP, an application for a license to set up a retail establishment includes:
– An application form for a license to set up a retail establishment (Form 04 in the Appendix to this Decree).
– The explanation contains the following contents:
- Firstly, Location of retail establishment: Address of retail establishment; description of the general, relevant area and the area used for the establishment of the retail premises; explain the satisfaction of prescribed conditions; enclosed with documents on the location of the retail establishment;
- Secondly, Business plan at the retail establishment: Present the business plan and market development; demand for labor; assess the impact and socio-economic efficiency of the business plan;
- Financial plan for setting up a retail establishment: Report on business results on the basis of audited financial statements of the latest year in case it has been established in Vietnam for 01 year or more. ; explanation of capital, capital sources and capital mobilization plans; accompanied by financial documents.
– Then Documents of tax authorities proving that there is no overdue tax debt.
– Copies: Certificate of business registration, Certificate of investment registration of retail establishment project (if any), Business license.
– An explanation of the ENT criteria in case an ENT is required.
Licensing Procedure
For cases where ENT procedures are not required
– Submit 02 sets of documents, sent directly or by post or online (if applicable) to the Department of Industry and Trade where the foreign-invested economic organization has its retail location.
– Within 03 working days from the date of receipt of the dossier, the licensing agency shall examine and request amendments and supplements if the dossier is not sufficient and valid.
– Within 10 working days from the date of receipt of a complete and valid dossier, the licensing agency shall check the satisfaction of the conditions specified in Clause 1, Article 22:
- In case the conditions are not satisfied, the licensing agency shall reply in writing and clearly state the reason
- If the conditions satisfied, the licensing agency shall send a dossier enclosed with a written opinion of the Ministry of Industry and Trade (Form No. 09 in the Appendix issued with this Decree).
– Within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall base on the corresponding contents specified in Article 25 of this Decree to issue a written approval for the grant of the License to establish a retail establishment; In case of refusal, there must be a written reply clearly stating the reason (Form No. 10 in the Appendix issued with this Decree).
– Within 03 working days from the date of receiving the written approval from the Ministry of Industry and Trade; the licensing agency shall issue a license to set up a retail establishment. In case the Ministry of Industry and Trade refuses; the licensing agency must reply in writing and clearly state the reasons therefor.
For cases where ENT procedures must be performed
Firstly
– Submit 02 sets of dossiers sent directly or by post or online; (if applicable) to the Department of Industry and Trade where the foreign-invested economic organization has its retail location.
– So, within 03 working days from the date of receipt of the dossier; the licensing agency shall examine and request amendments and supplements if the dossier is not sufficient and valid.
– Then within 05 working days from the date of receipt of a complete and valid application; the licensing agency shall check the satisfaction of the conditions specified in Clause 1, Article 22:
- In case the conditions do not satisfy, the licensing agency shall reply in writing and clearly state the reasons therefor;
- If the conditions satisfied; the licensing agency proposes to establish an ENT Council according to the provisions of Clauses 1 and 2, Article 24 of this Decree.
Secondly
– So, within 07 working days from the date of receipt of the request for establishment of the ENT Council; the Provincial People’s Committee shall establish the ENT Council.
– Then Within 30 days from the date of establishment, the ENT Council evaluates the ENT criteria specified in Clause 2; Article 23 of this Decree for the Chairman of the ENT Council to make a written conclusion and proposal.
– Then within 03 working days; from the date of receiving the written conclusion of the proposal of the Chairman of the ENT Council:
- In case the written conclusion proposes not to grant the license; the licensing agency shall reply in writing and clearly state the reasons therefor;
- In case of written conclusion of the license proposal; the licensing agency shall send the dossier together with the written opinion of the Ministry of Industry and Trade; (Form No. 09 in the Appendix issued with this Decree).
Thirdly
– So, within 10 working days from the date of receipt of the dossier; the Ministry of Industry and Trade shall base itself on the corresponding contents specified in Article 25 of this Decree to issue; a written approval for the grant of a license to set up a retail establishment; In case of refusal, there must be a written reply clearly stating the reason (Form No. 10 in the Appendix issued with this Decree).
– Then within 03 working days from the date of receiving the written approval from the Ministry of Industry and Trade; the licensing agency shall issue a license to set up a retail establishment. In case the Ministry of Industry and Trade refuses; the licensing agency must reply in writing and clearly state the reasons therefor.
You can also refer to the distinguish between Business License, Certificate of Business Registration; or Conditions for setting up a retail establishment in Vietnam; or Application for the License to trade in tobacco ingredients in Vietnam; Conditions for the issuance of the License to trade in tobacco ingredients in Vietnam through other article of LSX Lawfirm.
Related questions
According to Clause 7, Article 3 of Decree 09/2018/ND-CP, retail is the activity of selling goods to individuals, households and other organizations for consumption purposes.
Retail organizations vary in size, be it a single store or a chain of stores consisting of multiple branches, including department stores, specialty stores, and discount stores. and consumer cooperatives.
– An application form for a license to set up a retail establishment (Form 04 in the Appendix to this Decree).
The explanation contains the following contents:
Location of retail establishment: Address of retail establishment; description of the general, relevant area and the area used for the establishment of the retail premises; explain the satisfaction of prescribed conditions; enclosed with documents on the location of the retail establishment;
Business plan at the retail establishment: Present the business plan and market development; demand for labor; assess the impact and socio-economic efficiency of the business plan;
Financial plan for setting up a retail establishment: Report on business results on the basis of audited financial statements of the latest year in case it has been established in Vietnam for 01 year or more. ; explanation of capital, capital sources and capital mobilization plans; accompanied by financial documents.
Documents of tax authorities proving that there is no overdue tax debt.
– Copies: Certificate of business registration, Certificate of investment registration of retail establishment project (if any), Business license.
– An explanation of the ENT criteria in case an ENT is required.
Contact LSX Lawfirm
Finally, hope this article is useful for you to answer the question about: “Procedures for applying for a license to set up a retail establishment in Vietnam”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
Conclusion: So the above is Procedures for applying for a license to set up a retail establishment in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
