Franchise consulting service is the major practice area of SB. Currently, SB has successfully consulted for many domestic and foreign franchisees or franchisors of registering franchise in Vietnam or doing franchising business in Vietnam. Therefore, SB is recommended as the top-tier Vietnam franchise law firm for years by different legal ranking organisations. So, what are the scope of services of SB?
The team of intellectual property and commercial lawyers of SB always supports each other in advising on franchising for Clients. Therefore, this has helped SB’s consulting scope to include the following issues:
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Consulting on business structure to ensure the franchise model works sustainably
Due to the successful consulting experience for many international brands franchising in Vietnam, SB has accumulated enough experience to determine what are the key factors for the sustainable development of the franchise model.
- Advice on setting up the processes and parts required in the franchise model in Vietnam
- Consulting on factors related to intellectual property in the franchise model in Vietnam
- Helping the franchisor draft a model contract on franchising in Vietnam
- Helping the franchisee review the contract to ensure the franchisee’s interests
- Helping foreign or domestic franchisor review the franchise contract to ensure it meets the provisions of Vietnamese law
The franchise contract must meet the provisions of Vietnamese law, which contains mandatory provisions. These are provisions that may differ from the legal system where a franchise contract is drawn up by a Franchisor based on a legal system of another country. Therefore, in order for that franchise model to be recognized in Vietnam, the first thing to do is to review and adjust the necessary provisions to ensure compatibility with Vietnamese law.
- Helping franchisor draft the Franchise disclosure
- Assisting in drafting and preparing documents for registering franchise contracts in Vietnam at the competent Vietnam authority for clients
Vietnam stipulates that foreign franchising activities into Vietnam are required to be registered and approved by a competent authority. Franchising between Vietnamese parties is not required to be registered, but an annual report must be made to the authorities.
SB has enough functions and capabilities to help clients register franchise contracts with the authority. Accordingly, SB will prepare full documents, translate necessary documents from foreign languages into Vietnamese to submit to the authority.
A set of commercial franchise registration dossiers includes the following items:
- Franchise Registration Application (under SB)
- Power of Attorney (According to SB)
- Franchise Agreement
- Financial report
- Franchise disclosure (According to SB)
- Business certificate (or equivalent document) of the franchisor.
- Copy of Vietnam trademark, patent, design or copyright certificate (if any).
- Documents proving the franchise approval of the main franchisor in case the franchisor is a secondary franchisor.
For advice on franchising in Vietnam, Clients can contact SB with the information below:
SB
Email: [email protected]/[email protected]
Phone number: 0973292669
Or you can send detailed information through the form below:
