Retail Business License

I. Conditionals for issuing a retail business license

According to Article 9 of Decree No. 09/2018/ND-CP (“Decree No.”), the foreign-invested company meets the conditions to be considered for issuing the retail business license as follows:

a) Meet market access conditions prescribed in international treaties to which Vietnam is a signatory;

b) Acquire a financial plan deemed qualified to apply for a business license;

c) Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year.

II. Application for a retail 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 fundraising 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).

III. Procedures for Issuing a retail 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 the conditions prescribed in Article 9 hereof are satisfied:

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

b) In cases where conditions are satisfied:

- The licensing agency shall issue a business license to do business prescribed in Point a Clause 1 Article 5 hereof; if the application is refused, it shall provide an 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 an 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 issue a business license. If the application is refused by the Ministry of Industry and Trade or the managing Ministry, the licensing agency shall provide an explanation in writing.

IV. Reporting

a) Annually, before January 31, a foreign-invested business entity shall send a report on the sale of goods and other related activities to the competent agency.

b) The foreign-invested business entity shall report, provide documents and represent matters relating to the sale of goods and other related activities, and retail outlet operation at the request of competent authorities.

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