Decree 35: Procedures for registering franchising in Vietnam

Recently, the Government of Vietnam has issued the Decree No. 35/2006/NĐ-CP detailing implementation of Commercial Law 2005 regarding franchising.

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According to Article 20 of the Decree No. 35/2006/NĐ-CP of Vietnam’s Government, an intended commercial franchisor shall register franchising according to the following procedures:

- Sending a dossier of application for registration of franchising to the Ministry of Trade, Trade Services and Trade-Tourism Services of provinces or central-affiliated cities. A dossier of application for registration of franchising comprises:

+ An application for registration of franchising, made according to the form guided by the Ministry of Trade.

+ A written introduction of franchising, made according to the form set by the Ministry of Trade.

+ Written certifications of: The legal status of the intended franchisor; 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.

Note: Where papers are written in foreign languages, they must be translated into Vietnamese and notarized by domestic notaries public or Vietnam's foreign-based diplomatic missions and consular legalized according to the provisions of Vietnamese law.

- Within 5 working days after receiving a complete and valid dossier, the competent state agency shall register franchising in the franchising register and notify in writing the traders of such registration.

- Where the dossier is incomplete or invalid, the competent state agency shall, within 2 working days after receiving such dossier, notify such in writing to the intended franchisor for supplementation and completion of its dossier;

- The time limits specified in this Clause shall not include the time for the intended franchisor to amend and supplement its dossier of application for registration of franchising;

Past the time limits specified in this Clause, if the competent state agency refuses to effect the registration, it must notify such in writing to the intended franchisor, clearly stating the reasons for refusal.

View more details at the Decree No. 35/2006/NĐ-CP of Vietnam’s Government, effective from April 26, 2006.

Ty Na

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