Establishment of company conducting franchise consultancy services in Vietnam
Question: We are Italy company and would like to open company conducting franchise consultancy services in Vietnam, please advise? Answer: This is reference to your email from which, we understand that you would like us to advise on establishment of a wholly foreign invested company (hereinafter referred to as “FIC’) in Vietnam. We further understand that […]
Franchise registration service (franchise)
Franchise is the popular business in the present free and modern market economy. It is that commercial activity, wherein the Franchisor and the Franchisee enter into a continuing contractual relationship whereby the Franchisee is allowed to operate under the Franchisor’s trade name and use the Franchisor’s product, trade secret, trade slogan, trade logo and advertising […]
Are parties permitted to unilaterally terminate the franchising contract? If yes, then in which circumtances?
Pursuant to Article 16 of Decree No. 35/2006/ND-CP, the concerned parties are entitled to unilaterally terminate the franchising contract under certain circumstances as follows: 1. The franchisee has the right to unilaterally terminate the franchising contract in cases where the franchisor breaches its obligations specified in Article 287 of the Commercial Law 2005. 2. The […]
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 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 […]
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 […]