Issuance of business licenses and licenses for setting up a retail outlet for foreign-invested business entities in Vietnam

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

- A business license to be issued to a foreign-invested business entity to:

+ Perform the retail distribution right, excluding goods prescribed in Point Clause 4 Article 9 of this Decree;

+ Perform importation right, wholesale distribution right prescribed in Point b Clause 4 Article 9 of this Decree;

+ Perform the retail distribution right as prescribed in Point Clause 4 Article 9 of this Decree;

+ Offer logistics services; other than sub-sectors of logistics for which Vietnam has committed to open its market as specified in international treaties to which Vietnam is a signatory.

+ Good rental, excluding finance lease; other than lease of construction equipment with operators;

+ Provide commercial promotion services, excluding advertising services;

+ Provide commercial intermediary services;

+ Provide electronic commerce services;

+ Provide bid-holding services.

- A license for establishment of a retail outlet is issued to a foreign-invested business entity to set up a retail outlet. A foreign-invested business entity is entitled to apply for a license for establishment of retail outlet after obtaining business license and retail outlet documentation.

- If the first retail outlet is located in the same province and central-affiliated city (hereinafter referred to as province) with the headquarters, the foreign-invested business entity is entitled to apply for both a business license and a license for establishment of retail outlet. Documentation and procedures shall be done in accordance with Article 20 of this Decree.

- A business entity prescribed in Points b and c Clause 1 Article 23 of the Law on Investment shall follow: Procedure for issuance of business license upon application for a business license; or procedure for license for establishment of retail outlet upon application for a license for establishment of retail outlet as prescribed in this Decree.

- A business entity having retail outlet(s) in Vietnam shall, upon receipt of stakes leading becoming a foreign-invested business entity or a business entity prescribed in Points b and c Clause 1 Article 23 of the Law on Investment of Vietnam, apply for both a business license and a license for establishment of retail outlet.

Documentation and procedures for a business license shall be done in accordance with Articles 12 and 13 of this Decree.

Documentation and procedure for a license for establishment of retail outlet which entitle a retail outlet to continue in operation as prescribed in Article 38 of this Decree.

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

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