THE
MINISTRY OF TRADE
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 09/2006/TT-BTM
|
Hanoi,
May 25, 2006
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CIRCULAR
GUIDING THE COMMERCIAL FRANCHISING
REGISTRATION
Pursuant to the
Government's Decree No. 29/2004/ND-CP of January 16, 2004, defining the
functions, tasks, powers and organizational structure of the Ministry of Trade;
Pursuant to the
Government's Decree No. 35/2006/ND-CP of March 31, 2006, detailing the
Commercial Law's provisions on commercial franchising (hereinafter referred to
as Decree No. 35/2006/ND-CP for short),
The Trade Ministry
hereby guides the commercial franchising registration provided for in Decree
No. 35/2006/ND-CP as follows:
I.
COMMERCIAL FRANCHISING REGISTRATION AGENCIES
1. The Trade Ministry
shall register commercial franchising (hereinafter referred to as the
registration agency for short) in the cases defined in Clause 1, Article 18 of
Decree No. 35/2006/ND-CP.
2. Trade Services or
Trade-Tourism Services of provinces or centrally run cities (hereinafter
collectively referred to as provincial/municipal Trade Services) where traders
that intend to conduct franchise make business registration shall register
commercial franchising (hereinafter referred to as registration agencies for
short) in the cases defined in Clause 2, Article 18 of Decree No.
35/2006/ND-CP.
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3. Responsibilities of
registration agencies
a/ To publicly post up
at their headquarters guidelines on conditions, order, time limit and
administrative procedures for the commercial franchising registration;
b/ To register
traders' commercial franchising if traders' dossiers fully meet the conditions
specified in Article 19 of Decree No. 35/2006/ND-CP and guided in this
Circular;
c/ To ensure the
registration time limit set in Article 20 of Decree No. 35/2006/ND-CP and
guided in this Circular;
d/ To collect, remit,
manage and use fees for commercial franchising registration under the Finance
Ministry's guidance;
e/ To supply and post
information on traders' commercial franchising registration on the Trade
Ministry's website within 5 working days as from the date of registration,
revocation of registrations or transfer of registrations, or as from the date
of receiving traders' notices on the change of registered information on
commercial franchising;
f/ To fully observe
regimes of archive of commercial-franchising registration dossiers according to
the provisions of law on archive;
g/ To inspect and
control commercial franchising according to their competence and revoke
registrations of commercial franchising activities in the cases defined in
Article 22 of Decree No. 35/2006/ND-CP;
h/ Other
responsibilities as provided for by law.
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1. Before conducting
commercial franchising, traders that intend to conduct franchises, both primary
and secondary, shall register commercial franchising with competent agencies
defined in Decree No. 35/2006/ND-CP and follow the guidance in this Circular.
2. A dossier of
registration of commercial franchising with the Trade Ministry shall comprise:
a/ An application for
commercial franchising registration, made according to a set form;
b/ A written
description of commercial franchise, made according to a set form;
c/ A notarized copy of
the business registration certificate or investment certificate, in case of
commercial franchises from Vietnam to overseas; a copy of the foreign trader's
business registration certificate or paper of equivalent validity, certified by
a competent agency of the place where the foreign trader is set up, in case of
commercial franchises from overseas into Vietnam;
d/ A notarized copy of
the industrial property right protection title in Vietnam or a foreign country,
in case of licensing industrial property subject matters for which protection
titles have been granted;
e/ Papers proving the
approval of the primary franchisor's permission of franchise in case the trader
registering franchising is the secondary franchisor;
3. A dossier of
registration of commercial franchising activities with provincial/municipal
Trade Services shall comprise:
a/ An application for
commercial franchising registration, made according to a set form;
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c/ A notarized copy of
the business registration certificate or investment certificate;
d/ A notarized copy of
the industrial property right protection title in Vietnam or a foreign country,
in case of licensing industrial property subject matters for which protection
titles have been granted;
e/ Papers proving the
approval of the primary franchisor's permission of franchise in case the trader
registering franchising is the secondary franchisor;
4. Where papers
specified at Points b, d and e, Clauses 2 and 3 of this Section are in a
foreign language, their Vietnamese translations notarized by state notaries
public shall be required. Where copies of foreign traders' business
registration certificates or papers of equivalent validity specified at Point c,
Clause 2 of this Section are in a foreign language, their Vietnamese
translations certified by foreign-based Vietnamese diplomatic representations
and consularly legalized according to the provisions of the Vietnamese law
shall be required.
5. Receipt of dossiers
of registration of commercial franchising activities
a/ Upon receiving
dossiers of registration of commercial franchising activities, registration
agencies shall issue receipts therefor. Such a receipt shall be made in 3
copies according to a set form, one of them shall be given to the trader
registering commercial franchising and two others shall be kept at the
registration agency;
b/ For incomplete and
improper dossiers, within two working days after receiving the dossiers,
registration agencies shall send written notices, made according to a set form,
to dossier-submitting traders, requesting the supplementation and completion of
the dossiers. The time limit for handling dossiers shall count from the time
the traders registering commercial franchising complete their dossiers;
c/ Traders registering
commercial franchising may request registration agencies to clearly explain
reasons for dossier supplementation and completion. Registration agencies shall
have to respond to such requests.
6. Registration of
commercial franchising in commercial franchising registration books
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b/ If refusing to
register commercial franchising, within 5 working days after receiving complete
and valid dossiers, registration agencies shall issue written notices thereon,
made according to a set form, clearly stating the reasons therefor;
c/ Registration
agencies shall write registration codes in commercial franchising registration
books under the following guidance:
+ Codes of forms of
franchise: NQR means franchise from Vietnam to overseas; NQV means franchise
from overseas to Vietnam; NQTN means domestic franchise.
+ Provincial codes:
two characters as guided in Appendix I to this Circular (not printed herein).
+ Serial numbers of
enterprises: 6 digits, from 000001 to 999999.
+ Codes are separated
with a hyphen.
Examples on making
entries in commercial franchising registration books:
+ Company A (making
business registration in Hanoi), the third trader that registers domestic
franchising, shall have the registration code of NQTN-01-000003.
+ Company B (making
business registration in Binh Duong province), the first trader that registers
overseas franchising, shall have the registration code of NQR-46-000001.
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Upon receiving
traders' dossiers of registration of commercial franchising, registration
agencies shall collect registration fees under the Finance Ministry's guidance.
8. Re-registration of
commercial franchising activities
Where traders having
registered domestic franchising defined in Clause 2, Section I of this Circular
relocate their headquarters to another province, they shall re-register
commercial franchising at the registration agency of the locality where they
move to. Registration procedures shall follow the guidance in Clauses 3, 4, 5,
6 and 7 of this Section. Registration dossiers shall also include notices on
the approval of former registrations, issued by the registration agency in the
locality where traders made business registration. Within 5 working days after
completing procedures for registration of commercial franchising at the new
place, traders shall notify such in writing to the former registration agency
for the latter to issue notices on registration transfer, made according to a
set form.
III.
NOTIFICATION ON CHANGE OF REGISTERED INFORMATION ON COMMERCIAL FRANCHISING
1. Where there is a
change in the registered information in Part A of the written introduction of
commercial franchise in Appendix III to this Circular (not printed herein), or
the information in Clause 3, Article 19 of Decree No. 35/2006/ND-CP, within 30
days after the change occurs, traders shall issue a notice on the change to the
registration agency of the locality where they registered commercial
franchising, made according to a set form, and enclose relevant documents on
such change.
2. Registration
agencies shall add documents to traders' dossiers of registration of commercial
franchising.
IV.
REVOCATION OF REGISTRATIONS OF COMMERCIAL FRANCHISING
Traders' registrations
of commercial franchising shall be revoked in the cases defined in Article 22
of Decree No. 35/2006/ND-CP. Within 5 working days after the revocation of
traders' registrations of commercial franchising, registration agencies shall
publicize the revocation of registrations at their head offices, made according
to a set form and, at the same time, post information thereon on the Trade
Ministry's website.
V.
ORGANIZATION OF IMPLEMENTATION
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2.
Provincial/municipal Trade Services shall base themselves on the provisions of law
and this Circular's guidance to register traders' commercial franchising in
their respective localities.
3. The E-Commerce
Department (the Trade Ministry) shall build a website, a software for
management of information on registration of commercial franchising and an
online system for registration of commercial franchising for receipt of
registration dossiers and, at the same time, give relevant guidance to
provincial/municipal Trade Services and traders.
4. This Circular takes effect 15 days after its publication
in "CONG BAO." In the course of implementation, if facing any
difficulties or problems, concerned organizations and individuals should
promptly report them to the Trade Ministry for study, amendment or
supplementation.
APPENDIX I
PROVINCIAL CODE
(Enclosed with the Ministry of Commerce’s Circular No.
09 /2006/TT-BTM dated May 25, 2006)
No.
Central-affiliated
cities and provinces
Code
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Hanoi
01
2
Hai
Phong
02
3
Ha
Tay
03
4
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04
5
Hung
Yen
05
6
Ha
Nam
06
7
Nam
Dinh
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8
Thai
Binh
08
9
Ninh
Binh
09
10
Ha
Giang
10
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Cao
Bang
11
12
Lao
Kai
12
13
Bac
Kan
13
14
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14
15
Tuyen
Quang
15
16
Yen
Bai
16
17
Thai
Nguyen
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18
Phu
Tho
18
19
Vinh
Phuc
19
20
Bac
Giang
20
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Bac
Ninh
21
22
Quang
Ninh
22
23
Lai
Chau
23
24
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24
25
Hoa
Binh
25
26
Thanh
Hoa
26
27
Nghe
An
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28
Ha
Tinh
28
29
Quang
Binh
29
30
Quang
Tri
30
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Thua
Thien Hue
31
32
Da
Nang
32
33
Quang
Nam
33
34
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34
35
Binh
Dinh
35
36
Phu
Yen
36
37
Khanh
Hoa
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38
Kon
Tum
38
39
Gia
Lai
39
40
Dak
Lak
40
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Ho
Chi Minh City
41
42
Lam
Dong
42
43
Ninh
Thuan
43
44
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44
45
Tay
Ninh
45
46
Binh
Duong
46
47
Dong
Nai
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48
Binh
Thuan
48
49
Ba
Ria – Vung Tau
49
50
Long
An
50
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Dong
Thap
51
52
An
Giang
52
53
Tien
Giang
53
54
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54
55
Ben
Tre
55
56
Kien
Giang
56
57
Can
Tho
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58
Tra
Vinh
58
59
Soc
Trang
59
60
Bac
Lieu
60
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Ca
Mau
61
62
Dien
Bien
62
63
Dak
Nong
63
64
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64
APPENDIX II
FORMS USED FOR COMMERCIAL FRANCHISING
REGISTRATION
(Enclosed with the Ministry of Commerce’s Circular
No. 09 /2006/TT-BTM dated May 25, 2006)
Form MĐ-1
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
......, Date…
REGISTRATION FORM FOR COMMERCIAL
FRANCHISING
Respectfully addressed to: The Ministry of Commerce
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Name of dealer in
foreign language (if any)…
Name of dealer for
short (if any)...
[Business
registration certificate/investment certificate][1] No. :.....
Dated
.............................................................Issued
by..................
Nationality of
dealer.....
Charter capital...
Lines of
business...
Areas intended for
franchising registration...
Forms of franchise
[2].....
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Phone
… Fax…
Email (if any)...
Hereby to register
commercial franchising from [Vietnam to overseas/overseas to Vietnam][3]
[Venue of
franchise...][4]
The dealer is
committed to taking full responsibility to the law for authenticity and
accuracy of the information stated hereof and the documentation enclosed.
Attached to the form
are:
- ................;
- ................;
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(Signature
and stamp)
Form MĐ-2
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
......, Date…
REGISTRATION FORM FOR COMMERCIAL
FRANCHISING
Respectfully addressed to: The Ministry of Commerce
Name of dealer (in
capital letters).....
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Name of dealer for
short (if any)...
[Business
registration certificate/investment certificate] [6]No. :.....
Dated
.............................................................Issued
by..................
Charter capital...
Lines of
business...
Areas intended for
franchising registration...
Forms of franchise
[2].....
Address of head
office:
Phone:………………………..Fax:…….
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Hereby to register
commercial franchising in the country.
The dealer is committed to taking full responsibility to the law for authenticity and
accuracy of the information stated hereof and the documentation enclosed.
Attached to the form
are:
- ................;
-………….;
-………….;
Legal
representative of dealer
(Signature
and stamp)
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Form S1
REGISTER OF COMMERCIAL FRANCHISING
(Cover page)
THE
MINISTRY OF COMMERCE
SOCIALIST
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
REGISTER OF COMMERCIAL FRANCHISING
[8]
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YEAR...
(Next pages)
I. REGISTRATION
FOR COMMERCIAL FRANCHISING
Name of dealer (in
capital letters)…
Name of dealer in
foreign language (if any)…
Name of dealer for
short (if any)...
[Business
registration certificate/investment certificate][9]No. :.....
Dated
.............................................................Issued
by..................
Nationality of
dealer...
...
...
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Lines of
business...
Areas intended for
franchising registration...
Forms of franchise
[2].....
Address of head
office:
Phone...
Fax…
Email (if any):...
Registration code…
[Venue of
franchise.....][11]
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Hanoi
, date….
DIRECTOR
GENERAL OF THE DEPARTMENT OF PLANNING AND INVESTMENT
(Signature)
Notes:
[Dealer [name of
the dealer] is deregistered from commercial franchising with registration code
as.......for the reasons that...........][12]
Hanoi
, date….
DIRECTOR
GENERAL OF THE DEPARTMENT OF PLANNING AND INVESTMENT
(Signature)
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(Next pages)
II. CHANGE OF
REGISTRATION INFORMATION
No.
Changes
Date
of notice [14]
1
2
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3
…
Form S2
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(Cover page)
The
People’s Committee of …..
THE
SERVICE OF COMMERCE
SOCIAL
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
REGISTER OF COMMERCIAL FRANCHISING
[16]
(BOOK No....)
YEAR...
(Next pages)
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Name of dealer (in
capital letters)…
Name of dealer in
foreign language (if any)…
Name of dealer for
short (if any)...
[Business
registration certificate/investment certificate][17]No. :.....
Dated
.............................................................Issued
by..................
Charter capital...
Lines of business:
Areas intended for
franchising registration:.....
Forms of franchise
[18]............
...
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Phone…Fax…
Email (if any):...
Registration code…
......Date…..
DIRECTOR
(Signature)
Notes:
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Or
[[name of the
dealer], registration code……..has transferred registration for commercial
franchising to [location where the franchise is moved to........][20]
......Date….
DIRECTOR
(Signature)
(Next pages)
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No.
Changes
Date
of notice [14]
1
2
...
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…
Form TB-1A
THE
MINISTRY OF COMMERCE
No…….
...
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Hanoi,
date….
RECEIPT
(Copy 1: sent to the dealer)
Copy 2: Stored in the document receiving unit
Copy 3: Stored in the document handling unit)
The Ministry of
Commerce has received from:
[Name of dealer]:
Address of head
office.....
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The documentation
of registration for commercial franchising, including:
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
Date of
notice:………………./……………/…………
SUBMITTED
BY
(Signature,
full name)
RECEIVED
BY
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Form TB-1B
The
People’s Committee of …..
THE
SERVICE OF COMMERCE
No…….
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
.....,
Date…
RECEIPT
...
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Copy 2: Stored in the document receiving unit
Copy 3: Stored in the document handling unit)
The Service of
Commerce [24]………………….has received from:
[Name of dealer]:
Address of head
office.....
Phone…
The documentation
of registration for commercial franchising, including:
..........................................................................................................................................
..........................................................................................................................................
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Date of
notice:………………./……………/…………
SUBMITTED
BY
(Signature,
full name)
RECEIVED
BY
(Signature,
full name)
Form TB-2A
THE
MINISTRY OF COMMERCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
Hanoi,
date….
NOTICE
REQUEST
FOR SUPPLEMENTS TO DOCUMENTATION OF REGISTRATION FOR COMMERCIAL FRANCHISING
Respectfully addressed to:……
After having
reviewed the documentation received on ….date……from the dealer [[name of the
dealer] regarding registration for commercial franchising, the Ministry of
Commerce makes requests for supplements to the following documents:
..........................................................................................................................................
..........................................................................................................................................
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RECIPIENTS
-.............;
-.............;
-
Filing;
PP
THE MINISTER DIRECTOR GENERAL OF THE DEPARTMENT OF PLANNING AND INVESTMENT
(Signature,
full name)
Form TB-2B
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THE
SERVICE OF COMMERCE
No…….
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
Date….
NOTICE
REQUEST
FOR SUPPLEMENTS TO DOCUMENTATION OF REGISTRATION FOR COMMERCIAL FRANCHISING
Respectfully addressed to…
...
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..........................................................................................................................................
…………………………………………………………………………………………..
For the reasons
that……
RECIPIENTS
-…………;
-…………;
-
Filing;
DIRECTOR[27]
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Form TB-3A
THE
MINISTRY OF COMMERCE
No.
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
Hanoi, ….date…
NOTICE
...
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Respectfully addressed to…
After having
reviewed the documentation received on ….date……from the dealer [[name of the
dealer] regarding registration for commercial franchising, the Ministry of
Commerce announces to have approved commercial franchising registration made by
the dealer [name of the dealer] in the register of commercial franchising with
registration code as……
……………………………………………………………………………………..........
RECIPIENTS
-..............;
-..............;
-
Filing;
...
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DIRECTOR
GENERAL OF THE DEPARTMENT OF PLANNING AND INVESTMENT
(Signature,
full name)
Form TB-3B
The
People’s Committee of …..
THE
SERVICE OF COMMERCE
No…….
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
….date…
...
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NOTICE
APPROVAL
FOR COMMERCIAL FRANCHISING REGISTRATION
Respectfully addressed to:……
After having
reviewed the documentation received on ….date……from the dealer [[name of the
dealer] regarding registration for commercial franchising, the Service of
Commerce announces to have approved commercial franchising registration made by
the dealer [name of the dealer] in the register of commercial franchising with
registration code as……
……………………………………………………………………………………….….
RECIPIENTS
-…………...;
...
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-
Filing;
DIRECTOR[30]
(Signature,
full name)
Form TB-4A
THE
MINISTRY OF COMMERCE
No.
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
...
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NOTICE
REJECTION
OF COMMERCIAL FRANCHISING REGISTRATION
Respectfully addressed to…
After having
reviewed the documentation received on ….date……from the dealer [[name of the
dealer] regarding registration for commercial franchising, the Ministry of
Commerce announces to have rejected commercial franchising registration made by
the dealer [name of the dealer] for the reasons that….
RECIPIENTS
-..............;
...
...
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-
Filing;
PP
THE MINISTER DIRECTOR GENERAL OF THE DEPARTMENT OF PLANNING AND INVESTMENT
(Signature,
full name)
Form TB-4B
The
People’s Committee of …..
THE
SERVICE OF COMMERCE [31]
No…….
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
...
...
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NOTICE
REJECTION
OF COMMERCIAL FRANCHISING REGISTRATION
Respectfully addressed to…
After having
reviewed the documentation received on ….date……from the dealer [[name of the
dealer] regarding registration for commercial franchising, the Service of
Commerce [32] announces to have rejected
commercial franchising registration made by the dealer [name of the dealer] for
the reasons that….
RECIPIENTS
-………….;
...
...
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-
Filing;
DIRECTOR[33]
(Signature,
full name)
Form TB-5
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
......, Date…
NOTICE
...
...
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Respectfully addressed to…
Name of dealer (in
capital letters)…
..........................................................................................................................................
Name of dealer in
foreign language (if any)…
..........................................................................................................................................
Name of dealer for
short (if any) :...
Registration code…
Hereby to make an
announcement about change of registration information as follows:
...
...
...
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………………………………………………………………………………………….
Attached to the notice [34]:
- ................;
- ................;
- ................
Legal
representative of dealer
(Signature,
full name)
...
...
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Form TB-6A
THE
MINISTRY OF COMMERCE
No.
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
Hanoi, date…
NOTICE
DEREGISTRATION
OF COMMERCIAL FRANCHISING
...
...
...
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[Name of dealer]
Registration code…
Address of head
office.....
Phone...
For the reasons
that……
………………………………………………………………………………………….
………………………………………………………………………………………….
RECIPIENTS
...
...
...
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-.............;
-.............;
- Filing;
PP
THE MINISTER DIRECTOR GENERAL OF THE DEPARTMENT OF PLANNING AND INVESTMENT
(Signature,
full name)
Form TB-6B
The
People’s Committee of …..
...
...
...
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No…….
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
.....,
Date…
NOTICE
DEREGISTRATION
OF COMMERCIAL FRANCHISING
The Service of
Commerce [37]………………
...
...
...
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[Name of dealer]
Registration code…
Address of head
office.....
Phone...
For the reasons
that……
………………………………………………………………………………………….
RECIPIENTS
-………….;
...
...
...
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- Filing;
DIRECTOR[38]
(Signature,
full name)
Form TB-6C
The
People’s Committee of …..
THE
SERVICE OF COMMERCE[39]
No…….
...
...
...
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.....,
Date…
NOTICE
TRANSFER
OF COMMERCIAL FRANCHISING REGISTRATION
The Service of
Commerce [40] announces [Name of dealer]
Registration code…
Address of head
office.....
Phone…
...
...
...
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RECIPIENTS
-………….;
-………….;
- Filing;
DIRECTOR[41]
(Signature,
full name)
...
...
...
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INTRODUCTION OF
COMMERCIAL FRANCHISING
(Enclosed with the Ministry of Commerce’s Circular No.
09 /2006/TT-BTM dated May 25, 2006)
Introduction of
commercial franchising shall include some information necessary for expected
franchisee to make careful study before signing a franchise agreement. Expected
franchisee should pay attention to the following issues:
* Unless the two
parties have other agreement, the expected franchisee shall have at least 15
days to study this document and other relevant information before signing a
franchise agreement.
* Carry out
careful study of the Law on Commerce, Decree No. 35/2006/NĐ-CP and this
document; have discussion with other franchisees; conduct self-assessment of
financial resource and capacity for satisfying requirements set in this
business mode.
* Expected franchisee
should hire a consultant independent of management, accounting and business
before signing a franchise agreement.
* Expected
franchisee should participate in training courses, especially when he or she
has no experience in business.
PART A [42]
I. GENERAL
INFORMATION ABOUT FRANCHISOR
1. Trade name of
franchisor
...
...
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3. Phone…Fax…
4. Establishment
date
5. Information
about the franchisor as first franchisor or secondary franchisor;
6. Forms of
business;
7. Areas intended
for franchising;
8. Information
about registration for commercial franchising with competent agencies[43]
II. BRAND
NAMES/SERVICES AND INTELLECTUAL PROPERTY RIGHTS
1. Right to
enjoyment of brand names/services and any object of intellectual property;
2. Details of
brand names/services and rights to intellectual property objects registered
under the Laws of Vietnam;
...
...
...
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I. INFORMATION
ABOUT THE FRANCHISOR
1. Organization
structure.
2. Full name, work
position and experience of members of the Board of Directors.
3. The division in
charge of the franchise.
4. Experience of
the franchise business.
5. Any involvement
in litigations concerning franchise business activities within one (01) recent
year.
II. INITIAL
FRANCHISE FEE PAID BY THE FRANCHISEE
1. Type and amount
of initial franchise fee.
2. Payment date.
...
...
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III. OTHER
FINANCIAL OBLIGATIONS OF THE FRANCHISEE
As for each fee
specified below, an agreed amount of franchise fee, payment date and circumstances
under which the franchise fee will be refunded must be clearly stated:
1. Fee paid on a
regular schedule.
2. Advertising and
marketing fee.
3. Training fee.
4. Service fee.
5. Rent payment.
6. Others fees.
IV. INITIAL
INVESTMENTS OF THE FRANCHISEE
...
...
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1. Business
location
2. Equipment
3. Decoration cost
4. Initial goods
purchased
5. Security cost
6. Other advance
payments.
V. OBLIGATIONS
OF THE FRANCHISEE TO PURCHASE OR LEASE PROPER EQUIPMENT USED FOR THE FRANCHISE
BUSINESS STIPULATED BY THE FRANCHISOR
1. The franchisee
shall be obliged to purchase necessary items, purchase or lease equipment or
identify which services must be offered in order to conform to the requirements
for franchise business as agreed upon with the franchisor.
2. The franchisee
must check whether it is possible to adapt the franchise business model.
...
...
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VI. OBLIGATIONS
OF THE FRANCHISOR
1. Before
conclusion of the franchise agreement
2. In the course
of executing the franchise agreement.
3. Decision to
select the business location
4. Training:
a. Initial training
b. Other further
training occasions.
VII.
DESCRIPTION OF THE LOCAL MARKET FOR THE GOODS/SERVICES UNDER THE FRANCHISE
1. The description
of the general market for the goods/services governed under the franchise
agreement
...
...
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3. Expectations
for development of the abovementioned market.
VIII. SAMPLE
FRANCHISE AGREEMENT
1. Title of terms
and conditions
2. Contract term
3. Terms and
conditions of contract renewal
4. The
franchisee’s contract termination
5. The
franchisor’s contract termination
6. Obligations of
the franchisor/ franchisee that may arise from the contract termination
7. Franchise
agreement revision required by the franchisor/ franchisee
...
...
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9. Circumstances
under which the franchisor/franchisee is dead, or is declared ineligible for
the franchise.
IX. INFORMATION
ABOUT THE FRANCHISE SYSTEM
1. The number of
franchises still in operation.
2. The number of
franchises that have ceased operation.
3. The number of
franchise agreements signed with the franchisee.
4. The number of
franchise agreements transferred to the third party by the franchisee.
5. The number of
franchise businesses transferred to the franchisee by the franchisor.
6. The number of
franchise agreements terminated by the franchisor.
7. The number of
franchise agreements terminated by the franchisee.
...
...
...
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X. FINANCIAL
STATEMENT OF THE FRANCHISOR
The financial
statement that has been audited within 01 recent year.
XI. AWARDS,
UPCOMING ACCREDITATION OR ORGANIZATIONS THAT MUST BE JOINED
We undertake that
the business system planned to be franchised has been operated at least one
(01) year; the information provided herein or any additional information and
appendices attached herein are all correct and genuine. We are aware that any
misrepresented information provided herein is a violation against laws
Delegate
for the franchisor
(signature
and stamp)
...
...
...
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[44]
The merchant is required to send a periodical notification of information included
in this Part to the competent registration authority on January 15 at the
latest.