Contents
- I. Conditions for establishment of the first retail store or a retail store other than the first retail store not required to conduct an ENT
- II. Authority to issue a retail store license
- III. Subject of a retail store license
- IV. Application file for issuance of a retail store license
- V. Sequence for issuance of the first retail store and for a second or further retail store if it is not necessary to conduct an ENT
I. Conditions for establishment of the first retail store or a retail store other than the first retail store not required to conduct an ENT
– Having a financial plan in order to establish the retail store;
– Not having any overdue tax debts if the applicant has been established in Vietnam for one (1) or more years;
– The location for establishing the retail store complies with the relevant planning in the geographical market area.
II. Authority to issue a retail store license
Pursuant to clause 2 Article 8 of the Decree 09/2018/ND-CP, The Department of Industry and Trade (DOIT) in the locality where economic organizations have foreign investment has its retail store shall have the authority to issue a retail store license after obtaining the written approval of the Ministry of Industry and Trade (MOIT).
III. Subject of a retail store license
Retail store licenses are issued to economic enterprises with foreign owned capital which have obtained a business licencs and retail store location data.
IV. Application file for issuance of a retail store license
- Application for issuance of a retail store licence
- Explanatory document containing:
– Location for establishing the retail store: address of the store; description of the general [common] area, related areas and areas to be used for establishing the store; and an explanation on satisfaction of the conditions for establishment of a retail store, enclosing the retail store location data;
– Business plan on trading by the retail store: presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;
– Financial plan for establishment of the retail store: business operational results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one (1) year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial data.
- The documents from the Tax department proving that there are no overdue tax debts.
- Notarized copies of the audited report of the most recent year in case it has been established in Vietnam for 1 year or more or notarized copies of the confirmation of capital contribution in case it is established in Vietnam under 01 year.
- A notarized copy of the certificate of land use right at the location of the retail establishment
- Notarized copies of the ERC, Notarized copy of IRC, Notarized copies of the Business license;
V. Sequence for issuance of the first retail store and for a second or further retail store if it is not necessary to conduct an ENT
Step 1. Lodging of the application file (2 sets) to DOIT (directly or via post or internet).
Step 2. Within three (3) working days after receipt of an application file, the DOIT shall check the file and request amendments if the file is incomplete or invalid.
Step 3. within ten (10) working days after receipt of a complete and valid application file, the DOIT shall check compliance with the conditions for establishment of a retail store.
– If the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons;
– If the conditions are satisfied, the licensing agency shall send the file requesting an opinion from MOIT.
Step 4. Within seven (7) working days after receiving the application file, MOIT shall provide written consent to issuance of the retail store license; and in the case of refusal to provide consent, shall provide a written response setting out its reasons.
Step 5. The DOIT shall issue the retail store license within three (3) working days after receipt of written consent from MOIT; but if MOIT refuses to provide consent, then the licensing agency shall in turn provide a written response [to the applicant] setting out the reasons.
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