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Vietnam franchise legal work

Question Vietnam franchise legal work: We are foreign company and would like to do franchise in Vietnam, please provide us the franchise quotation?

Penalty in case carrying out the franchise action without registration

Penalty in case carrying out the franchise action without registration in Vietnam

Advising Commercial Franchise, experiences of SB Law

Advising Commercial Franchise

According to the current regulations of the Vietnamese Law, Commercial Franchise is a type of commercial activity, whereby franchisor allows and requires franchisee to conduct the sale and purchase of goods and services supply under the following conditions:

Commercial franchising registration in Vietnam

Commercial franchising registration

Client is willing to engage a law firm on advices regarding franchise registration under Vietnam Law. S&B Law is a law firm duly established and operating under legislation in Vietnam that have expertise in the area of investment, real estate, commerce consultation and enterprise assistance.

Preparation and registration of Franchise Contract

It is our understanding that the foreign partner would like to appointes Vietnam company as the Franchisee to conduct the business in Vietnam in using of its Intellectual Property Rights and Know How in Vietnam (hereinafter referred to as the “Territory”). Vietnam company therefore seeks a professional law firm to prepare the Franchise Contract and register the Franchise Activities of the Japanese Partner under Vietnam Law.

Franchise registration in Vietnam

Franchise registration in Vietnam. S&B Law would like to submit our service proposal for registering Franchisor with Vietnam Competent Authorities as follows:

Experience in the field of Franchise Contract and Franchise Registration

S&B Law would like to give some information about experience in the field of Franchise Contract and Franchise Registration as follow:

Registration of Franchising Activities in Vietnam

Registration of Franchising Activities

Under the Circular No. 09/2006/TT-BTM dated May 25th, 2006 of Ministry of Trade (Ministry of Industry and Trade – now) guiding on the commercial franchising registration, before conducting commercial franchising, foreign traders that intend to conduct franchises from overseas into Vietnam, must register commercial franchising with Ministry of Industry and Trade in Vietnam.

Required document for registration of the franchisor

Document for registration of the franchisor

Required document for registration of the franchisor: Application for registration of the Franchisor Language: English and Vietnamese

Franchise registration service

Franchise registration service

Franchise is the popular business in the present free and modern market economy. It is that commercial activity, wherein the Franchisor and the Franchisee enter into a continuing contractual relationship whereby the Franchisee is allowed to operate under the Franchisor’s trade name and use the Franchisor’s product, trade secret, trade slogan, trade logo and advertising of the Franchisor.

What are the rights and obligations of the franchisees?

Rights and obligations of the franchisees are provided in Articles 288 and 289 of Commercial Law 2005. The franchisees have the following rights:

Are parties permitted to unilaterally terminate the franchising contract?

Are parties permitted to unilaterally terminate the franchising contract? If yes, then in which circumtances?

The sub-franchisee?

Is a franchisee entitled to sub-franchise to a third party - the sub-franchisee? According to Article 290 of Commercial Law 2005, the franchisees are entitled to sub-frnachise to a third party (the sub-franchisee) if they are permitted by the franchisors.

What are the rights and obligations of the franchisors?

What are the rights and obligations of the franchisors? The rights and obligations of the franchisors are provided in Articles 286 and 287 of Commercial Law 2005.

Do traders have to satisfy certain conditions to carry out commercial franchise?

Do traders have to satisfy certain conditions to carry out commercial franchise? In order to perform commercial franchise, concerned parties have to satisfy certain conditions prescribed by law. The franchisors must satisfy the following conditions:

What are the procedures of franchising registration?

What are the procedures of franchising registration? Franchising registration shall be carried out in accordance with the following procedures:

What are the required documents when registering franchising?

a. The application for registration of Commercial Franchising Activity in accordance with the form enclosed with Circular No. 09/2006/TT-BTM.

Which agencies have the authority and competence to register franchising?

Which agencies have the authority and competence to register franchising? Before franchising, the franchise is proposed to register at the Competent Authorities pursuant to Aritcle 18 of Decree No. 35/2006/ND-CP.

What is commercial franchise?

According to Article 284 of Commercial Law 2005 of Vietnam, commercial franchise means a commercial activity whereby franchisors permit and require franchisees to undertake by themselves to purchase or sell goods or provide services on the following condistions:

What contents should be contained in the franchising contract?

What contents should be contained in the franchising contract? The franchising contract are required to be made in writing or in other forms of equivalent legal validity, and should contains the principal contents as follows:


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