Vietnamese Commercial franchise
Franchising is a commercial activity in which the franchisor allows and requires the franchisee to conduct the purchase and sale of goods and provision of services on their own according to the following conditions:
- The purchase and sale of goods and provision of services are conducted in a business organization manner prescribed by the franchisor and are associated with the trademark, trade name, business secrets, business slogan, business symbol, and advertisement of the franchisor;
- The franchisor has the right to control and assist the franchisee in operating the business.
YouMe Law Firm provides franchise consultancy as follows:
1. Franchising procedure documents:
- Application for franchise registration according to the form;
- Franchise introduction (according to the form);
- A copy of the Business Registration Certificate or equivalent document of the foreign trader certified by the competent authority where the foreign trader is established in the case of franchising from abroad to Vietnam;
- A notarized copy of the industrial property protection certificate in Vietnam or abroad in the case of transferring the right to use industrial property objects that have been granted a protection certificate;
- Documents proving the approval of the initial franchisor for the sub-franchise in the case of the trader registering the franchising activity as a secondary franchisor;
- (Note: If the above documents are in a foreign language, they must be translated into Vietnamese and certified by a domestic notary public or a Vietnamese diplomatic representative agency abroad and consular legalization must be carried out in accordance with the provisions of Vietnamese law).
2. Time for processing dossiers
- Time for processing dossiers: 5 working days from the date of receipt of valid dossiers;
- For incomplete or invalid documents: Within 02 working days, a written response will be sent to the trader requesting additional documents;
- Time to process additional documents: 5 working days from the date of receipt of valid documents.
3. Legal services provided by YouMe Law Firm:
- Consulting on legal regulations for franchising and technology transfer activities in Vietnam
- Researching and proposing solutions to effectively implement franchising transactions;
- Consulting and helping clients build franchising strategies and develop commercial rights and exploit technology in Vietnam, as well as helping clients manage the implementation of that strategy.
- Drafting franchise contracts, technology transfer contracts and related documents;
- Checking and advising on the content of documents provided by clients;
- Representing clients in negotiating contracts and transactions related to franchising and technology transfer.
- Representing clients in submitting applications and performing all work related to the application at the competent authority of Vietnam until receiving the certificate of registration of franchising activities;
- Carrying out explanations and lobbying with the competent authority of Vietnam on the application to obtain the necessary approvals and registrations for franchising and technology transfer activities.
- Representing clients in conducting surveys and reporting in detail on the legal status, property status and contractual obligations of partners in the client's transactions;
- Evaluating and issuing legal warnings, proposing additional measures for partners to limit risks for clients in franchising activities.
In case you need support from YouMe Law Firm, please contact:
YouMe Law Firm
Address: Phuong Dong Building, No. 33 Giang Van Minh, Kim Ma Ward, Ba Dinh District, Hanoi
Hotline: 0966770000
Email: info@youmevietnam.com
