在越南特许经营 S.N 集团

外国公司想在越南特许经营（特许）怎么办？ Aplus Law 的律师曾为客户提供建议，帮助他们在越南成功特许经营自己的子公司。

[主要内容]

S.N 是一家新西兰公司，专门生产和销售太阳能电池。该公司在越南设立了一家子公司，即 S.N. VN。S.N 希望以 S.N. 品牌特许经营太阳能电池的商业模式，为其在越南的子公司 S.N. VN 提供太阳能电池。

[法律问题]

• 越南特许经营的条件
• 特许经营登记的程序
• S.N 公司特许经营活动的所得税

[律师的解决方案]

Article 284. Franchise

Franchise means commercial activity whereby the franchisee permits and requires the franchisee to conduct the purchase and sale of goods or services on its own under the following conditions:

1. 1. 1. The purchase and sale of goods or services is carried out in the manner of business organization prescribed by the franchisee and is attached to the trademarks, trade names, business secrets, business slogans, business icons, advertising of the franchisee;
      2. The franchisee has the right to control and assist the franchisee in the running of the business.

(Commercial Law 2005)

Article 17. Franchise Activity Registration

1. 1. 1. Before conducting the franchise operation, Vietnamese traders or foreign traders expected to be franchised must register the franchise activity with competent authorities as prescribed in this Decree.
      2. The competent authority to register franchise activities is responsible for registering the franchise activity of the trader in the Register of Franchise Activities and notifying the trader in writing about such registration.

Article 5 Consignee Conditions

Traders are allowed to grant commercial rights when they meet the following conditions:

1. 1. 1. The business system intended for franchising has been operating for at least 01 year.

In case a Vietnamese trader is a primary franchisee from a foreign franchisee, such Vietnamese trader must do business in the franchise mode for at least 01 year in Vietnam before re-granting the right.

1. 1. 2. Having registered the franchise activity with the competent authorities in accordance with Article 18 of this Decree.
      3. Goods or services that are subject to commercial rights do not violate the provisions of Article 7 of this Decree.

Article 6 Conditions of the franchisees

Traders are allowed to receive commercial rights when there is a business registration in accordance with the subject of commercial rights.

(Decree 120/2011)

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