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: 1. The purchase or sale of goods or provision of services shall be conducted in accordance with […]
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: - Content of franchised commercial right. - Rights and obligations of the franchisor. - Rights and obligations of the franchisee. - Price, periodical franchise fee and […]
Which goods and services are permitted for franchising?
Goods and services permitted for franchising business are those not on the list of goods and services banned from business. Enterprises shall be permitted to deal in goods and/or services on the list of goods and services restricted from business or those on the list of goods and services subject to conditional business only after […]
How long is the limitation period for initiating proceedings for dispute resolution by arbitration?
The limitation period for initiating proceedings for dispute resolution by arbitration is stipulated in Article 33 of The Arbitration Law 2010 as follow: The limitation period for initiating proceedings for dispute resolution by arbitration shall be two (2) years from the date of infringement of legal rights and interests, unless otherwise stipulated by specialized law. […]
I want to choose the ad hoc arbtiration to resolve the dispute. Is the ad hoc arbitration permitted by Vietnamese law?
The ArbitrationLaw 2010 allows parties to select ad hoc arbitration to resolve disputes. For ad hoc arbitration, the parties are free to agree upon the order and procedures for dispute resolution. If you would like further information on I want to choose the ad hoc arbtiration to resolve the dispute. Is the ad hoc arbitration […]
What are commercial rights?
Article 3(6) of Decree No. 35/2006/ND-CP provides that ''commercial rights" includeone, several or all of the following rights: a) Right granted to the franchisee by the franchisor that also requests the franchisee to undertake by itself the business of supplying goods or providing services within a system set up by the franchisor and associated with […]
Do the parties have the freedom to choose the law applied in the arbitration proceedings to resolve the dispute?
The applicable law in dispute resolution by arbitration are provided in Article 14 of The Arbitration Law 2010 as follow: 1. For disputes without foreign elements, the arbitration tribunal shall apply the law of Vienam in order to resolve the dispute. 2. For disputes with foreign elements, the arbitration tribunal shall apply the law chosen […]
Which legal documents of Vietnam stipulate commercial franchise?
Commercial franchise is provided in the following legal documents: - Vietnam Commercial Law 2005 - Decree No. 35/2006/ND-CP dated 31/3/2006 by the Government detailing implementation of Commercial Law 2005 regarding Franchising - Circular No. 09/2006/TT-BTM dated 25/5/2006 by the Ministry of Trade guiding the procedures of commercial franchise registration. Besides, if commercial franchise is related […]
What are qualifications to become an arbitrator? Who are not allowed to act as an arbitrator?
According to Article 20 of The Arbitration Law 2010, a person with all the following qualifications may act as arbitrators: a. Having full civil legal capacity as prescribed in the Civil Code; b. Having a university qualifications and at least five years’ work experience in the discipline which he or she studied; c. In special […]