What are the rights and obligations of the franchisees?
Rights and obligations of the franchisees are provided in Articles 288 and 289 of Commercial Law 2005. The franchisees have the following rights: – To request franchisors to provide full technical assistance related to the commercial franchise system; – To request franchisors to equally treat all franchisees in the commercial franchise system. The […]
What are the rights and obligations of the franchisors?
The rights and obligations of the franchisors are provided in Articles 286 and 287 of Commercial Law 2005. The franchisors have the following rights: – To receive franchise sums; – To organize advertising for the commercial franchise system and the commercial franchise network. – To conduct periodical or extraordinary inspections of activities […]
Do traders have to satisfy certain conditions to carry out commercial franchise?
In order to perform commercial franchise, concerned parties have to satisfy certain conditions prescribed by law. The franchisors must satisfy the following conditions: – The business system intended for franchise has been in operation for at least one year. Where a Vietnamese trader is the primary franchisee of a foreign franchisor, such Vietnamese […]
What are the procedures of franchising registration?
Franchising registration shall be carried out in accordance with the following procedures: – Filing a dossier of application for registration of franchising to the competent authorities; – Within 05 working days counted from the date of receiving complete and valid dossier, the competent authorities shall register franchising in the Franchising Register […]
What are the required documents when registering franchising?
a. The application for registration of Commercial Franchising Activity in accordance with the form enclosed with Circular No. 09/2006/TT-BTM. b. Written introduction of Commercial Franchising Activity in accordance with the form in Annex III enclosed with Circular No. 09/2006/TT-BTM. c. Notarized copies of Certificate of Business Resgistration or of Certificate of Investment in case of […]
Which agencies have the authority and competence to register franchising?
Before franchising, the franchise is proposed to register at the Competent Authorities pursuant to Aritcle 18 of Decree No. 35/2006/ND-CP. 1. The Ministry of Industry and Trade shall register the following commercial franchising: – Franchising from abroad into Vietnam, including franchising operations from export processing zones, non-tariff area or separate customs zones in […]
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 […]