Regulations on revocation of the retail establishment license

1. Cases of revocation of the retail establishment license 

According to Article 43(2) of Decree 09/2018, the license to establish a retail establishment is revoked in the following cases:

• Case 1: Investment registration certificate or documents with equivalent legal value of the project to establish a retail establishment, the business license is revoked.

• Case 2: The content declared in the application for grant, re-grant, adjustment and extension of the license to establish a retail establishment is forged.

• Case 3: After 12 months from the date of being granted the license to establish a retail establishment, the foreign-invested economic organization does not have an Investment Registration Certificate, for cases that a Certificate of Registration is required, without reporting to the licensing agency.

• Case 4: After 24 months from the date of issuance of the license to establish a retail establishment, the foreign-invested economic organization does not have an Investment Registration Certificate, for cases that a Certificate of Registration is required.

• Case 5: Stopping retail operations at retail establishments for more than 12 months without reporting to the licensing agency.

• Case 6: Failing to implement the periodical reporting regime as prescribed at Article 40(1)(a) of this Decree for 24 consecutive months.

• Case 7: Failure to send reports, documents or explanations as prescribed at Article 40(1)(b) of this Decree after 03 months from the deadline for requesting.

2. Procedures of revocation of retail establishment license

• For the revocation of the license to establish a retail establishment according to the case 1 above, the Department of Industry and Trade shall issue a decision to revoke the license to establish a retail establishment according to the form.

• In case the content declared in the application for grant, re-grant and extension of the license to establish a retail establishment is forged, the Department of Industry and Trade shall issue a notice of the violation and issue a decision to revoke the license. establishment of retail establishments that have been granted, re-issued or extended.

• For cases where the content declared in the application for adjustment of the retail establishment license is forged. The Department of Industry and Trade will issue a notice of violation and issue a decision to cancel the contents of the License to establish a retail establishment adjusted on the basis of fake information; restore the contents previously licensed on the Retail License, and at the same time notify the competent authority for handling in accordance with the law.

• For cases 3, 4, 5, 6, 7 above, the Department of Industry and Trade will make a written request to the legal representative of the foreign-invested economic organization to explain. Past the required time limit of 15 days and the representative does not come or come but gives an unsatisfactory explanation, the licensing agency shall issue a decision to revoke the license to establish a retail establishment.

3. Legal basis

Decree 09/2019/ND-CP detailing the Commercial Law and the Law on Foreign Trade Management on goods purchase and sale activities and activities directly related to the purchase and sale of goods by foreign investors, economic organizations with foreign investment capital in Vietnam.