Bases for approving the issuance of license for setting up retail outlet in Vietnam

On January 15, 2018, the Government of Vietnam issued Decree No. 09/2018/ND-CP, of which one of the fundamental contents is the regulation on sale of goods and other related activities of foreign-invested business entities.

According to Decree No. 09/2018/ND-CP of Vietnam’s Government, the Ministry of Industry and Trade shall base on the following to consider approving the issuance of license for establishment of retail outlet:

- A foreign investor from a country or territory which has acceded to a treaty to which Vietnam is a signatory and under which Vietnam has committed to open its market for sale of goods and other related activities shall: The conformity with sector development planning and strategies of the region or country.

- A foreign investor not from a country or territory which has acceded to a treaty to which Vietnam is a signatory:

+ The conformity with sector development planning and strategies of the region or country;

+ Vietnam market opening negotiation process;

+ Vietnamese market opening need;

+ Vietnam and foreign partner cooperation strategies;

+ Diplomatic relations, national security, social safety and order.

Contents of a license for setting up retail outlet include:

- Name, business identification number, address of headquarters;

- Name and address of the retail outlet;

- Type of retail outlet;

- Scale of retail outlet;

- Others;

- Validity period of the license;

Validity period of the license for establishment of retail outlet

- The validity period of a license for establishment of retail outlet shall be as long as the remaining duration of the certificate of registration for project setting up retail outlet. In case of absence of the certificate of registration for investment, the validity period of the license for establishment of retail outlet shall be as long as the duration as specified in the retail outlet documentation;

- The validity period of the re-issued license for establishment of retail outlet shall be as long as the remaining duration of the former license for establishment of retail outlet;

- The renewal period of license for establishment of retail outlet shall be specified in Point a Clause 2 Article 26 of this Decree.

View relevant provisions at: Decree No. 09/2018/ND-CP of Vietnam’s Government takes effect from January 15, 2018.

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