THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 09/2006/TT-BTM
Hanoi, May 25, 2006
 
CIRCULAR
GUIDING THE COMMERCIAL FRANCHISING REGISTRATION
Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Ministry of Trade;
Pursuant to the Government's Decree No. 35/2006/ND-CP of March 31, 2006, detailing the Commercial Law's provisions on commercial franchising (hereinafter referred to as Decree No. 35/2006/ND-CP for short),
The Trade Ministry hereby guides the commercial franchising registration provided for in Decree No. 35/2006/ND-CP as follows:
I. COMMERCIAL FRANCHISING REGISTRATION AGENCIES
1. The Trade Ministry shall register commercial franchising (hereinafter referred to as the registration agency for short) in the cases defined in Clause 1, Article 18 of Decree No. 35/2006/ND-CP.
2. Trade Services or Trade-Tourism Services of provinces or centrally run cities (hereinafter collectively referred to as provincial/municipal Trade Services) where traders that intend to conduct franchise make business registration shall register commercial franchising (hereinafter referred to as registration agencies for short) in the cases defined in Clause 2, Article 18 of Decree No. 35/2006/ND-CP.
Traders defined in Clause 2, Article 2 of Decree No. 35/2006/ND-CP that intend to conduct domestic franchise shall register commercial franchising with provincial/municipal Trade Services of localities where they are headquartered.
3. Responsibilities of registration agencies
a/ To publicly post up at their headquarters guidelines on conditions, order, time limit and administrative procedures for the commercial franchising registration;
b/ To register traders' commercial franchising if traders' dossiers fully meet the conditions specified in Article 19 of Decree No. 35/2006/ND-CP and guided in this Circular;
c/ To ensure the registration time limit set in Article 20 of Decree No. 35/2006/ND-CP and guided in this Circular;
d/ To collect, remit, manage and use fees for commercial franchising registration under the Finance Ministry's guidance;
e/ To supply and post information on traders' commercial franchising registration on the Trade Ministry's website within 5 working days as from the date of registration, revocation of registrations or transfer of registrations, or as from the date of receiving traders' notices on the change of registered information on commercial franchising;
f/ To fully observe regimes of archive of commercial-franchising registration dossiers according to the provisions of law on archive;
g/ To inspect and control commercial franchising according to their competence and revoke registrations of commercial franchising activities in the cases defined in Article 22 of Decree No. 35/2006/ND-CP;
h/ Other responsibilities as provided for by law.
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