How To Set Up Retail Stores In Vietnam

The process for setting up a retail store in Viet Nam (such as a convenience store, mini supermarket, and shopping mall) is as follows:

Step 1: Setting up a company:

• Establishment of the new company; or
• Buying the Vietnamese company.

It takes 45-50 working days for finishing such a process.

See more at: https://dblegal.vn/services/foreign-investment-service

Step 2: Business License:

Application for a business license

An application shall include:

1. An application form for a business license (form No. 01 of Appendix enclosed herewith).

2. A representation specifying:

a) Conditions for issuance of a business license as prescribed in Article 9 hereof;

b) Business plan: business activities and methods of doing business; presentation of business plan and market development; labor need; evaluation of the implications and socio-economic effects of the business plan;

c) Financial plan: An income statement made on the basis of the last audited financial statement if the enterprise has been established in Vietnam for at least 1 year; representation of capital, sources of funds, and fund raising plans; enclosed with other financial documents;

d) The sale of goods and other related activities and financial situation of the foreign-invested business entity which is determined until the application for a business license, in case of circumstance prescribed in Clause 6 Article 5 hereof.

3. A document justifying that the enterprise incurs no overdue tax issued by the tax authority.

4. Copies of: the business registration certificate; certificate of registration for sale of goods and other related activities (if any).

Procedures for issuing business license

Within 3 working days from the date on which the application is received, the licensing agency shall verify it and request necessary modifications if it is inadequate or unsatisfactory.

Within 10 working days from the date on which an adequate and satisfactory application is received, the licensing agency shall verify whether conditions prescribed in Article 9 hereof are satisfied:

a) In case where conditions are not satisfied, the licensing agency shall provide explanation in writing;

b) In case where conditions are satisfied:

- The licensing agency shall issuance a business license to do business prescribed in Point a Clause 1 Article 5 hereof; if the application is refused, it shall provide explanation in writing;

- The licensing agency shall forward the application and consultation with the Ministry of Industry and Trade and the managing Ministry as prescribed in Point a or b Clause 3 Article 8 hereof (form No. 09 of Appendix issued herewith).

Within 15 days from the date on which the application is received, the Ministry of Industry and Trade and the managing Ministry shall, according to Article 10 hereof, consider approving the issuance of a business license; if the application is refused, it shall provide explanation in writing (form No. 10 of Appendix issued herewith).

Within 3 working days from the date on which a notification of acceptance issued by the Ministry of Industry and Trade or managing Ministry is received, the licensing agency shall issuance a business license. If the application is refused by the Ministry of Industry and Trade or managing Ministry, the licensing agency shall provide explanation in writing.

It takes 45-50 working days for finishing such process.

See more: https://dblegal.vn/services/sub-license

Step 3: Retail Outlet License

An application shall include:

1. An application form for a license for setting up a retail outlet;

2. A representation specifying:

a) The location: Address of retail outlet; description of general area, relevant area, and area for setting up retail outlet; representation of fulfillment of conditions prescribed in Point c Clause 1 Article 22 of Decree No.09/2018/ND-CP; and enclosed retail outlet documentation;

b) Business plan at retail outlet: Presentation of business plan and market development; labor need; evaluation of the implications and socio-economic effects of the business plan;

c) Financial plan for setting up retail outlet: An income statement made on the basis of the last audited financial statement if the enterprise has been established in Vietnam for at least 1 year; representation of capital, sources of funds, and fund raising plans; enclosed with other financial documents.

3. A document justifying that the enterprise incurs no overdue tax issued by the tax authority.

4. Copies: Business registration certificate, certificate of registration for project setting up a retail outlet (if any), a business license.

5. A representation of ENT criteria prescribed in Points c, d, and dd Clause 2 Article 23 of Decree No.09/2018/ND-CP, in case of requiring compliance with ENT.

Procedures for issuance of the first license for establishment of retail outlet, retail outlet other than the first retail outlet in case of without requiring compliance with ENT procedure

1. Two sets of applications shall be submitted in person, by post, or via the Internet (if available) to the licensing agency.

2. Within 3 working days from the date on which the application is received, the licensing agency shall verify it and request necessary modifications if it is inadequate or unsatisfactory.

3. Within 10 working days from the date on which an adequate and satisfactory application is received, the licensing agency shall verify whether the conditions prescribed in Clause 1 Article 22 of Decree No.09/2018/ND-CP are met:

a) In case where conditions are met, the licensing agency shall provide an explanation in writing;

b) In case of fulfillment of conditions, the licensing agency shall forward the application and consultation with the Ministry of Industry and Trade and the managing Ministry.

4. Within 07 working days from the date on which the application is received, the Ministry of Industry and Trade and the managing Ministry shall, according to Article 25 hereof, consider approving the issuance of a license for the establishment of a retail outlet; if the application is refused, it shall provide an explanation in writing.

5. Within 3 working days from the date on which a notification of acceptance issued by the Ministry of Industry and Trade or managing Ministry is received, the licensing agency shall issue a license for the establishment of a retail outlet. If the application is refused by the Ministry of Industry and Trade, the licensing agency shall provide an explanation in writing.

Please kindly note if the first retail outlet is located in the same province and central-affiliated city with the headquarters, the foreign-invested business entity is entitled to apply for both a business license and a license for the establishment of a retail outlet.

 

“DB Legal is a full legal service law firm in Da Nang, Viet Nam. Our Lawyers bring enormous legal experience for both local and foreign parties in Central Viet Nam, mainly areas in Da Nang, Hoi An, Nha Trang, Hue, Quy Nhon .

DB Legal help Client choose suitable solutions for their business and provide insightful advice for Client's growth.

 

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