1. Legal basis:
- Commercial Law 2005
- Decree No.35/2006/NĐ-CP issued by the Government on 31/3/2006 on Detailing the Commercial Law regarding franchise activities.
- Circular No.09/2006/TT-BTM issued by the Ministry of Commercial yo guide the procedures for registration of franchising.
In addition, if the franchise is related to the transfer of the right to use the intellectual property or technology transfer, it shall also be subject to the Law on Intellectual Property 2005, Law on Technology Transfer 2006.
2. Handling agency
Under the provisions of Article 18.1 of Decree No. 35: The Ministry of Industry and Trade shall process registration of franchising activities from abroad into Vietnam, including franchising from export processing zones, non-tariff areas or separate customs areas in accordance with the provisions of Vietnamese law into the territory of Vietnam.
3. Dossiers and procedures of registration for franchising:
a) An application for franchising registration, follow the form MD-1;
b) An introduction to franchising follow the form in Appendix III to this Circular;
c) A copy of the business registration certificate or equivalent paper of the foreign trader, which is certified by a competent body of the locality where the foreign trader is established in case of franchising from abroad into Vietnam (This copy must be translated into Vietnamese and certified by a Vietnamese diplomatic agency in foreign countries and consular legalized in accordance with the law of Vietnam)
d) A notarized copy of the certificate of protection of industrial property rights in Vietnam or abroad in case of transfer of the right to use industrial property objects which have been granted protection titles;
e) Documents evidencing the approval of the original franchisor in case the register franchise is a sub-franchisor;
(Note: If the papers in (d) and (e) are in a foreign language, they must be translated into Vietnamese and notarized by a notary public).
4. Time to process the application.
- Time to process the application: 5 working days from the date of receipt of the valid file.
- For incomplete or invalid dossiers: Within 2 working days, the office shall reply in writing requesting additional documents.
- Time for processing additional dossiers: 5 working days after receiving the dossiers and valid.
5. The lawyer 's fee
Lawyer fees are calculated based on the complexity of the job requirements and the actual workload. Lawyer fees will be announced after clarifying the request of the consultant, including:
- Conducting searching, consultancy and selecting the franchise system that best suits the needs of clients;
- Assess the potential and prospects of the franchise system to be selected, evaluate the ability of the franchisor;
- Legal advice during the negotiation of franchise contracts;
- Drafting and checking the contract terms to protect the interests of clients in accordance with Vietnamese and international law;
- Advising on financial issues in franchise contracts;
- Carrying out procedures for recognizing franchise contracts, applying for permission to conduct franchise transactions;
- Monitor, advise and protect the interests of clients throughout the franchise process.
Translated from: Dịch vụ tư vấn các vấn đề liên quan đến nhượng quyền thương mại
>> See also: Logo registration service for individuals and companies
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Consult and request for Intellectual Property service 24/7, call 1900.6162
Email: [email protected]
Look forward to cooperation with clients!