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AN ANALYSIS OF FRANCHISING IN VIETNAM FROM THE STANDPOINT OF CORPORATE LAW.

Franchising is a commercial enterprise where the franchisor grants and mandates the franchisee to independently engage in the buying and selling of products and delivery of services, in compliance with appropriate regulatory regulations.

Vietnamese traders or foreign traders considering franchising must officially register their franchising activities with the appropriate authority in compliance with the existing legislative requirements.

Therefore, in actuality, franchising is a distinct commercial strategy, and the regulations governing this process also exhibit several variations. And then, when drafting a franchise contract, the management of potential risks that arise should be taken seriously and carefully considered to achieve maximum opportunity costs for the participating parties: risks of violating legal regulations on taxes due to not paying or not paying enough related taxes, business risks related to illegal multi-level sales activities, risks of contract subjects not complying with current legal regulations, risks of names not being in accordance with the legal system, risks of contract forms and regulations on franchise registration according to the law, risks of laws governing contracts not being effective for all parties, risks of contract language, etc.

Consulting legal basis: Legal regulations governing commercial matters in 2005; Decree 35/2006/ND-CP; Decree 120/2011/ND-CP; Decree 08/2018/ND-CP; Enterprise Law 2020; Consolidated Document No. 11/VBHN-VPQH Law of Intellectual Property 2022

In case that you require guidance or assistance in creating and modifying contracts of any nature, Pls kindly reach out to us for comprehensive and precise instructions. Esteemed regards.

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Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of Asia Lawzana Network, Southeast Asia Business Consulting Network

Web: www.japanvietnam.com.vn.; https://ddbis.edu.vn; Facebook/LinkedIn: Dong Du International Accounting & Legal Consulting; https://studio.youtube.com/channel/UC1J_fsNu0vt1mZ-w5w2-Hag/videos/upload?filter=%5B%5D&sort=%7B%22columnType%22%3A%22date%22%2C%22sortOrder%22%3A%22DESCENDING%22%7D;

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DISCUSSING ABOUT SALES ON AMAZON FROM A BUSINESS LEGAL PERSPECTIVE.

Online sales are not a conditional business line, so you only need to register a business household or establish a company with the code 4791/code 4799 (with the code of each type of goods you trade).

Also according to the provisions of Clause 1, Article 55 of Decree 52/2013/ND-CP, traders and organizations must notify the Ministry of Industry and Trade about e-commerce websites for sales established by the traders and organizations themselves to promote trade, sell goods or provide their services. Individuals doing online business via social networks do not have to register their business with the Ministry of Industry and Trade. Thus, in the case of individuals or organizations doing online sales with a store and operating regularly, they must apply for a business license and set up their own website.

However, small-scale online business and sales in a spontaneous manner may not require business registration, website registration or licensing from state agencies. However, it is necessary to comply with food safety regulations, not to buy or sell counterfeit goods, counterfeit goods, or those that infringe on the rights of consumers. Furthermore, business people need to comply with the declaration and payment of relevant tax obligations.

From the above regulations, it can be seen that the above regulations only apply to direct sales (offline), the relevant law has not specifically regulated online sales, and online business via social networks is not one of the cases exempted from business registration obligations. Therefore, depending on each type of business activity and specific income level, it is possible to determine whether or not business registration is required.

Legal basis for consultation: Circular 40/2021/TT-BTC; Clause 1, Article 55, Decree 52/2013/ND-CP

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Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of Asia Lawzana Network, Southeast Asia Business Consulting Network

In case you have needs, please contact us by email: tonitran01092020@gmail.com; Tel/zalo/Whatapps: 090 925 7602

＃setting up company atVietnam#accounting# tax# Lawconsulting #coaching # Introduction HR# Riss Assessment# Internal Control

(Tiếng Việt) TIN TỨC PHÁP LUẬT DOANH NGHIỆP NÓNG TUẦN 02 THÁNG 8 NĂM 2024

Sorry, this entry is only available in Vietnamese.

DISCUSSION OF ENTERPRISE REGISTRATION INDUSTRY IN VIETNAM UNDER THE VIEW OF ENTERPRISE LEGAL VIEW.

According to current law, if an enterprise wants to do business in a business line that has not been registered before, it is necessary to add the business line it wants to do business into its business registration certificate. If it violates, it will be fined.

Enterprises need to issue invoices consistent with registered professions to avoid risks that may arise.

Consulting legal basis:

Article 49 of Decree 122/2021/ND-CP regulating penalties for violations of notification of changes to business registration content stipulates that if businesses want to make additions, they need to carry out notification procedures to the Department of Planning and Investment.

Clause 1, Article 4, Decree 123/2020/ND-CP regulates the principles of preparation, management, and use of invoices and documents, stating that when selling goods or providing services, the seller must issue invoices for buyers’ deliveries.

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Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of Asia Lawzana Network, Southeast Asia Business Consulting Network

In case you have needs, please contact us by email: tonitran01092020@gmail.com; Tel/zalo/Whatapps: 090 925 7602

＃setting up company atVietnam#accounting# tax# Lawconsulting #coaching # Introduction HR# Riss Assessment# Internal Control

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DISCUSSION OF SHORT-TERM CREDIT LOANS OF ENTERPRISES IN VIETNAM UNDER THE PERSPECTIVE OF ENTERPRISE LEGAL VIEW

Borrowing enterprises that have not yet paid off their previous debts but need to borrow fresh money for business purposes can employ the loan restructuring method described in Clause 6, Article 3 of Circular 08/2023. /TT-NHNN.

A foreign debt restructuring plan (hence referred to as “Debt restructuring plan”) is a compilation of information about the use of fresh foreign loans to repay legally existing foreign loans. The borrower’s debt restructuring plan must be approved by responsible authorities in accordance with the norms of law.

The maximum amount of foreign loans used to restructure foreign debt must not exceed the entire value of outstanding principle, interest, unpaid fees on existing foreign debt, and fees on newly approved loans, as calculated at the time of restructuring.

Consulting legal basis: Circular 08/2023/TT-NHNN

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Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of Asia Lawzana Network, Southeast Asia Business Consulting Network

In case you have needs, please contact us by email: tonitran01092020@gmail.com; Tel/zalo/Whatapps: 090 925 7602

＃setting up company atVietnam#accounting# tax# Lawconsulting #coaching # Introduction HR# Riss Assessment# Internal Control

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DISCUSSING THE DIFFERENCE BETWEEN COMPUTER PROGRAMS AND SOFTWARE IN VIETNAM UNDER THE PERSPECTIVE OF CORPORATE LEGAL VIEW

From a legal perspective, based on Clause 1, Article 22 of the Intellectual Property Law, a computer program is a set of instructions expressed in the form of commands, codes, diagrams or any other form. any other medium that, when attached to a computer-readable medium, has the ability to cause the computer to perform a task or achieve a particular result.

In addition, based on the 2006 Law on Information Technology, amended and supplemented in 2017, Clause 12, Article 4, Software is a computer program described by a system of symbols, codes or languages to control devices. numbers perform certain functions.

Consulting legal basis: Intellectual Property Law, Information Technology Law

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Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of Asia Lawzana Network, Southeast Asia Business Consulting Network

In case you have needs, please contact us by email: tonitran01092020@gmail.com; Tel/zalo/Whatapps: 090 925 7602

＃setting up company atVietnam#accounting# tax# Lawconsulting #coaching # Introduction HR# Riss Assessment# Internal Control