Procedures of applying for a license to establish a retail establishment

1. Application for license for establishment retail establishment

The application dossier is specified in Article 27 of Decree 09/2018/ND-CP, including:

• An application form for license for setting up a retail establishment (Form 04 in the Appendix issued with Decree 09/2018/ND-CP).

• A representation specifying:

  • Location of retail establishment.

  • Business plan at the retail establishment.

  • Financial plan for setting up a retail establishment.

• A document justifying that the enterprise incurs no overdue tax issued by the tax authority. 

• Copies: Business registration certificate, certificate of registration for project setting up retail establishment (if any), business license. 

• An explanation of the economic needs test (ENT) criteria in case it is required (ENT).

2. Procedures for applying for license to establish retail establishment

According to Article 23 of Decree 09/2018/ND-CP, if a foreign trader establish a retail establishment other than the first one that fully meets the following conditions, the economic needs test is not required (ENT):

• Have an area of ​​less than 500m2.

• Established in the commercial center.

• Not in the type of convenience store, mini supermarket.

Accordingly, if a foreign traders do not fully satisfy the above conditions, they are still required to perform ENT when establishing retail establishments other than the first retail establishment.

In case ENT is required or not, the procedure for applying for a Retail establishment License will be different. Specifically:

a) In cases ENT is not required:

According to Article 28 of Decree 09/2018/ND-CP, the order and procedures are as follows:

Step 1: The foreign-invested company prepares a dossier including the documents as prescribed above.

Applications in 2 sets, sent directly or by post or via electronic network (if applicable) to the Department of Industry and Trade where the foreign trader has a retail establishment.

Step 2: Within 03 working days from the date of receipt of the application, the licensing agency shall examine and request amendments and supplements if the application is not sufficient and valid.

Step 3: Within 10 working days from the date of receipt of a complete and valid dossier, the licensing agency shall check the satisfaction of the conditions for establishing a retail establishment specified in Article 22(1) of Decree 09. /2018/ND-CP.

Step 4: Within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall base on the corresponding contents specified in Article 25 of this Decree to issue a written approval for the grant of a license to establish a retail establishment; In case of refusal, there must be a written reply clearly stating the reason (Form No. 10 in the Appendix issued with Decree 09/2018/ND-CP).

Step 5: Within 03 working days from the date of receipt of written approval from the Ministry of Industry and Trade, the licensing agency shall issue a license to establish a retail establishment. In case the Ministry of Industry and Trade refuses, the licensing agency must reply in writing and clearly state the reasons.

b) In cases ENT is required

According to Article 29 of Decree 09/2018/ND-CP, the order and procedures are as follows:

Step 1: Foreign-invested companies prepare documents according to the above regulations.

02 sets of dossiers shall be sent directly or by post or via electronic network (if applicable) to the Department of Industry and Trade where the foreign trader has a retail establishment.

Step 2: Within 03 working days from the date of receipt of the application, the licensing agency shall examine and request amendments and supplements if the application is not sufficient and valid.

Step 3: Within 05 working days from the date of receipt of the complete and valid dossier, the licensing agency shall check the satisfaction of the conditions for establishing a retail establishment specified in Article 22(1) of Decree 09. /2018/ND-CP:

• If the conditions are not satisfied, the licensing agency shall reply in writing and clearly state the reasons.

• If the conditions are satisfied, the licensing agency proposes to establish an ENT Council according to the provisions of Clauses 1 and 2, Article 24 of Decree 09/2018/ND-CP.

Step 4: Within 07 working days from the date of receipt of the request for establishment of the ENT Council, the Provincial People's Committee shall establish the ENT Council.

Step 5: Within 30 days from the date of establishment, the ENT Council evaluates the ENT criteria specified in Article 23(2) of Decree 09/2018/ND-CP for the Chairman of the ENT Council to propose a written conclusion.

Step 6: Within 03 working days from the date of receipt of the written conclusion of the proposal of the Chairman of the ENT Council:

• In case the written conclusion proposes not to grant the license, the licensing agency shall reply in writing and clearly state the reason.

• In case the written conclusion of the license proposal, the licensing agency shall send the dossier together with the written opinion of the Ministry of Industry and Trade as prescribed at Article 8(3)(c) of Decree No. 09/2018/ND-CP (Form No. No. 09 in the Appendix issued with Decree 09/2018/ND-CP).

Step 7: Within 10 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall base itself on the corresponding contents specified in Article 25 of Decree 09/2018/ND-CP to issue a written approval for the issuance of the License. permission to set up retail establishments; In case of refusal, there must be a written reply clearly stating the reason (Form 10 in the Appendix issued with Decree 09/2018/ND-CP).

Step 8: Within 03 working days from the date of receipt of written approval from the Ministry of Industry and Trade, the licensing agency shall issue a license to set up a retail establishment. In case the Ministry of Industry and Trade refuses, the licensing agency must reply in writing and clearly state the reasons.