Decree No. 09/2018/ND-CP: Conditions for setting up retail outlet in Vietnam

On January 15, 2018, the Government of Vietnam issued Decree No. 09/2018/ND-CP on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested business entities in Vietnam.

Nghị định 09/2018/NĐ-CP: Điều kiện lập cơ sở bán lẻ

Decree No. 09/2018/ND-CP of Vietnam’s Government specifies the conditions for setting up retail outlet of foreign investors and foreign-invested business entities as follows:

- Setting up the first retail outlet

+ Acquire a financial plan for setting up retail outlet;

+ Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year;

+ The location where the retail outlet is set up is conformable with the relevant planning in the relevant geographic market.

- Setting up retail outlet other than the first retail outlet

+ In case of without requiring compliance with an economic needs test: Conditions for setting up the first retail outlet shall be met.

- In case of requiring compliance with an economic needs test:

+ Conditions for setting up the first retail outlet shall be met;

+ Economic needs test criteria prescribed in Clause 2 Article 23 of this Decree are fulfilled.

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

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