License for establishment of retail outlet

Update day: October 6 , 2023

License for establishment of retail outlet

Foreign-invested enterprises must apply for a Trading license when retailing to final consumers, but this does not mean that the enterprise is allowed to sell at a specific location. To be able to retail directly at a place under the management of the enterprise, carrying out procedures for the issuance of a license for the establishment of a retail outlet is required. Depending on each specific case, such as the location of the retail outlet, the products on sale, the first, second, or third retail outlet, and the financial capacity of the enterprise, the competent authority will approve the enterprise’s application for the establishment of a retail outlet.

List of application for license for establishment of retail outlet:

To apply for a License for establishment of a retail outlet, enterprises need to prepare the following basic documents:

  • An application form for a License for the establishment of a retail outlet;
  • The explanation has the following content:
    1. The location of the retail outlet: Address of retail outlet; description of the general and relevant areas and areas used to establish retail outlet; explanation of the fulfillment of conditions prescribed in point c, Clause 1, Article 22 of this Decree; and enclosed with documents on the location of retail outlet.
    2. Business plan for a retail outlet: Presenting the business plan and market development; labour demand; evaluation of the socio-economic impact and efficiency of the business plan;
    3. Financial plan for establishing a retail outlet: An income statement on the basis of the audited financial statements of the most recent year if the enterprise has been established in Vietnam for at least 01 year; explanation of capital, capital sources, and capital mobilization plans; and financial documents enclosed.
  • Documents from the tax authority proving no overdue tax debt.
  • Copies: Business registration certificate, Investment registration certificate for retail outlet establishment project (if any), Business license.
  • Explanation of the ENT prescribed criteria in case ENT must be carried out.

Procedures for issuance of a license for the establishment of the first retail outlet and retail outlets other than the first retail outlet without requiring compliance with ENT procedures

Process Detailled description
Step 1 Prepare dossiers

Enterprises survey the location where they intend to establish retail outlets, check the planning at the district management agencies to ensure the suitability of the location;

Reassess the financial capacity, financial statements, and status of fulfilling financial obligations of the enterprise to ensure that the enterprise meets the basic conditions for dossier review by competent authorities.

Step 2 Submit and process dossiers

02 dossiers shall be submitted in person, by post, or via the Internet (if applicable) to the licensing agency.

After receiving all valid dossiers, the licensing agency verifies the fulfillment of the prescribed conditions. If they do not meet the conditions, the licensing agency responds in writing and clearly states the reason. If they meet the conditions, the licensing agency sends dossiers and documents to the Ministry of Industry and Trade for obtaining their opinions.

For establishment of a retail outlet requiring compliance with ENT  

After reviewing dossiers and determining if they meet the conditions, the licensing agency proposes to establish the ENT Council. Within 07 working days from the date of receiving the request to establish an ENT Council, the Provincial People’s Committee establishes the ENT Council. Within 30 days from the date of establishment, the ENT Council evaluates ENT criteria.

If the written conclusion of the Chairman of the ENT Council does not propose to license, the licensing agency responds in writing and clearly states the reason;

If the written conclusion proposes to license, the licensing agency sends dossiers and documents for obtaining the opinions of the Ministry of Industry and Trade.

Step 3 Get results

Within 03 working days from the date of receiving the written approval of the Ministry of Industry and Trade, the licensing agency shall issue a license for the establishment of a retail outlet. In case the Ministry of Industry and Trade refuses, the licensing agency must respond in writing and clearly state the

LIST OF DOCUMENTS

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