Legal Counselling

Duties and powers of the Ministry of Trade in franchising in Vietnam

08:32, 07/04/2006

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

Bộ Thương mại có nhiệm vụ, quyền hạn, Nghị định 35/2006/NĐ-CP

According to Article 4 of the Decree No. 35/2006/NĐ-CP of Vietnam’s Government, the Ministry of Trade shall be answerable to the Government for performing the function of state management of franchising nationwide and have the following duties and powers:

- To perform the unified professional management and provide guidance for realization of policies and provisions of law on franchising; to organize the registration of franchising;

- To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, Government-attached agencies and provincial/municipal People's Committees in, inspecting, controlling, assessing and reporting to competent superior authorities on franchising;

- To propose to the Government for promulgation or promulgate according to its competence or propose amendments and supplements to legal documents on franchising.

Besides, the Ministry of Finance shall, within the ambit of its duties and powers, have to guide the tax regime applicable to franchising and the fee for registration of franchising. Ministries, ministerial-level agencies and Government-attached agencies shall perform the state management of franchising within the ambit of their respective tasks and powers.

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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