Decree No. 09/2018/ND-CP detailing the Law on Trade and the Law on Foreign Trade Management regarding the activities of buying and selling goods and related activities directly connected to the buying and selling of goods by foreign investors and economic organizations with foreign investment capital in Vietnam.

DECREE

Detailed regulations on the Commercial Law and the Law on Foreign Trade Management

concerning trading activities and related activities directly associated with trading activities of foreign investors and economic organizations

with foreign investment capital in Vietnam

The Government promulgates this Decree to provide detailed regulations on the Commercial Law and the Law on Foreign Trade Management

Pursuant to the Law on Government Organization dated June 19, 2015;

concerning trading activities and related activities directly associated with trading activities of foreign investors and economic organizations with foreign investment capital in Vietnam.

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Investment Law dated November 26, 2014;

This Decree provides detailed regulations on the Commercial Law and the Law on Foreign Trade Management concerning trading activities and related activities directly associated with trading activities of foreign investors and economic organizations with foreign investment capital in Vietnam.

At the proposal of the Minister of Industry and Trade;

This Decree applies to foreign investors, economic organizations with foreign investment capital, agencies, organizations, and individuals related to trading activities and related activities directly associated with trading activities of foreign investors and economic organizations with foreign investment capital in Vietnam. 1. Trading activities and related activities directly associated with trading activities include the following activities:

 PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Exercising the right to export;

Article 2. Applicability

b) Exercising the right to import;

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

c) Exercising the right to distribute;

d) Providing commercial inspection services;

đ) Providing logistics services;

e) Leasing goods, excluding financial leasing;

g) Providing trade promotion services, excluding advertising services;

h) Providing intermediary trade services;

i) Providing electronic commerce services;

k) Providing services for organizing public tenders for goods and services.

2. The right to export is the right to purchase goods in Vietnam for export, including the right to be named on the export declaration form to carry out and be responsible for procedures related to export. The right to export does not include the right to purchase goods from non-traders for export, except where otherwise provided by Vietnamese law or international treaties to which Vietnam is a party.

3. The right to import is the right to import goods from abroad into Vietnam for sale to traders authorized to distribute those goods in Vietnam, including the right to be named on the import declaration form to carry out and be responsible for procedures related to import. The right to import does not include the right to organize or participate in distribution systems in Vietnam, except where otherwise provided by Vietnamese law or international treaties to which Vietnam is a party.

4. Distribution includes wholesale, retail, agency sales, and franchising activities.

5. The right to distribute is the right to directly carry out distribution activities.

6. Wholesale is the activity of selling goods to wholesalers, retailers, and other traders; it does not include retail sales.

7. Retail is the activity of selling goods to individuals, households, and other organizations for personal consumption.

8. A retail establishment is the location where retail activities take place.

9. A secondary retail establishment is a retail establishment established in Vietnam by a foreign investor or economic organization with foreign investment capital that already has a retail establishment in Vietnam, or established under the same name or brand as at least one retail establishment operated by an economic organization with foreign investment capital already in Vietnam.

10. A convenience store is a retail establishment selling fast-moving consumer goods, including: food, beverages, over-the-counter drugs, health supplements, and other health products, cosmetics, and daily-use products.

11. A mini-supermarket is a retail establishment with an area less than 500 square meters and falls under the category of comprehensive supermarkets as defined by law.

12. A shopping center is a location comprising multiple retail establishments and service providers arranged in a concentrated and contiguous manner within one or more adjacent architectural structures.

13. The issuing authority is the authority issuing the business license or the permit to establish a retail establishment as stipulated in Clause 1 and 2 of Article 8 of this Decree.

14. Electronic commerce services are commercial activities whereby the provider of electronic commerce services establishes an electronic commerce website to provide an environment for other traders, organizations, and individuals to conduct trade promotion, sell goods, or provide services.

15. Database system is the database system on the Ministry of Industry and Trade's online portal regarding trading activities and related activities directly associated with trading activities of foreign investors and economic organizations with foreign investment capital in Vietnam, address: http://www.moit.gov.vn.

16. Financial documentation is one of the following documents: Financial support commitment from the parent company or financial institution; guarantee of the investor's or economic organization with foreign investment capital's financial capacity; other documents proving the financial capacity of the investor or economic organization with foreign investment capital.

17. Documentation on the location for establishing a retail establishment is one of the following documents: Memorandum or lease agreement or documentation proving the economic organization with foreign investment capital's right to exploit and use the location to establish a retail establishment; accompanied by relevant documents.

15. The database system is the database system on the Ministry of Industry and Trade's electronic portal regarding foreign investors' and foreign-invested economic organizations' trading activities and other directly related trading activities, address: http://www.moit.gov.vn.

16. Financial documentation includes one of the following: financial support commitment from the parent company or financial organization; financial capability guarantee for the investor or foreign-invested economic organization; other documents proving the financial capability of the investor or foreign-invested economic organization.

17. Documentation regarding the location for establishing a retail facility includes one of the following: memorandum or lease agreement for the location or documentation proving that the foreign-invested economic organization has the right to exploit and use the location for establishing a retail facility; accompanied by relevant documents.

Article 4. Application of international treaties and related laws

1. Foreign investors and economic organizations with foreign investment capital conducting activities of buying and selling goods and activities directly related to buying and selling goods in Vietnam must comply with the provisions of this Decree; in cases where an international treaty provides differently from the provisions of this Decree, the provisions of that international treaty shall be applied.

2. Economic organizations with foreign investment capital conducting activities of buying and selling goods and activities directly related to buying and selling goods in Vietnam, in addition to complying with the provisions of this Decree, must also comply with the provisions of other relevant laws.

Article 5. Issuance of Business License and Retail Establishment Permit

1. The Business License is issued to economic organizations with foreign investment capital to carry out the following activities:

a) Implementing the right to retail distribution of goods, excluding goods specified in point c, Clause 4, Article 9 of this Decree;

b) Implementing the right to import and wholesale distribution of goods specified in point b, Clause 4, Article 9 of this Decree;

c) Implementing the right to retail distribution of goods specified in point c, Clause 4, Article 9 of this Decree;

d) Providing logistics services; except for logistics service sectors for which Vietnam has committed to open its market under international treaties to which Vietnam is a member;

đ) Leasing goods, excluding financial leasing; except for leasing construction equipment with operators;

e) Providing trade promotion services, excluding advertising services;

g) Providing intermediary trade services;

h) Providing electronic commerce services;

i) Providing services for organizing bidding on goods and services.

2. The Retail Establishment Permit is issued to economic organizations with foreign investment capital to establish retail outlets.

3. Economic organizations with foreign investment capital have the right to request issuance of a Retail Establishment Permit after obtaining a Business License and documentation regarding the location of the retail outlet.

4. In cases where the first retail outlet establishment location is in the same province/city directly under the central government as the headquarters, economic organizations with foreign investment capital have the right to request issuance of a Business License simultaneously with the issuance of the first Retail Establishment Permit. The application procedures and process shall be carried out in accordance with the provisions of Article 20 of this Decree.

5. Economic organizations falling within the scope prescribed in points b and c, Clause 1, Article 23 of the Investment Law must meet the conditions and implement: Procedures for issuing a Business License when carrying out activities requiring a Business License; procedures for issuing a Retail Establishment Permit when establishing a retail outlet, in accordance with the provisions of this Decree.

6. Economic organizations having retail outlets in Vietnam, after receiving contributions of capital to become economic organizations with foreign investment capital, and falling within the scope prescribed in points b and c, Clause 1, Article 23 of the Investment Law, must complete procedures for issuing a Business License and a Retail Establishment Permit. The application procedures for issuing a Business License in this case shall be carried out in accordance with the provisions of Articles 12 and 13 of this Decree. The application procedures for issuing a Retail Establishment Permit allowing the retail outlet to continue operations shall be carried out in accordance with the provisions of Article 38 of this Decree.

Article 6. Cases Not Requiring Issuance of Business License

1. In addition to business activities requiring issuance of a Business License as stipulated in Clause 1, Article 5 of this Decree, foreign-invested economic organizations and economic organizations falling under the cases prescribed in Points b and c, Clause 1, Article 23 of the Investment Law shall be entitled to carry out trading activities and related activities directly connected with trading activities as prescribed in Clause 1, Article 3 of this Decree after registering such activities on relevant documents in accordance with the provisions of the Investment Law and the Enterprise Law.

2. In the case where a foreign investor does not belong to a country or territory participating in an international treaty to which Vietnam is a member and has committed to opening up the market, and registers to carry out trading activities and related activities directly connected with trading activities as prescribed in Clause 1 of this Article, the competent state agency shall seek the opinion of the Ministry of Industry and Trade before issuing, changing registration of such activities on relevant documents in accordance with the provisions of the Investment Law and the Enterprise Law.

Article 7. Conducting Trading Activities and Related Directly Connected Activities

1. Foreign-invested economic organizations that have been granted the right to export may export goods purchased in Vietnam; goods processed in Vietnam at the request of such economic organizations; and legally imported goods into Vietnam to other countries and special customs zones, subject to the following conditions:

a) Exported goods must not fall within the list of prohibited export goods; the list of temporarily suspended export goods; and the list of goods not permitted for export under international treaties to which Vietnam is a member;

b) For goods listed in the export permit list, foreign-invested economic organizations must hold an export permit or meet all conditions prescribed by law.

2. Foreign-invested economic organizations that have been granted the right to import may import goods from other countries and special customs zones into Vietnam, subject to the following conditions:

a) Imported goods must not fall within the list of prohibited import goods; the list of temporarily suspended import goods; and the list of goods not permitted for import under international treaties to which Vietnam is a member;

b) For goods listed in the import permit list, foreign-invested economic organizations must hold an import permit or meet all conditions prescribed by law.

3. Procedures for exporting and importing goods to exercise the rights of export and import shall be carried out in accordance with laws on export-import management.

4. Foreign-invested economic organizations that have been granted the right to wholesale distribution and retail distribution may wholesale and retail goods produced in Vietnam and legally imported goods into Vietnam.

5. In sectors of conditional business investment, foreign-invested economic organizations may conduct business operations when they satisfy all conditions prescribed by law.

Article 8. Issuing Authorities for Business Licenses and Retail Establishment Licenses

1. The Department of Industry and Trade where the headquarters of the foreign-invested economic organization is located shall handle the issuance, reissuance, amendment, and revocation of Business Licenses.

2. The Department of Industry and Trade where the retail establishment of the foreign-invested economic organization is located shall handle the issuance, reissuance, amendment, extension, and revocation of Retail Establishment Licenses.

3. The issuing authority shall seek the opinion of the Ministry of Industry and Trade and the sectoral management ministry in the following cases:

a) Seeking the opinion of the Ministry of Industry and Trade and the sectoral management ministry before issuing or amending Business Licenses for activities prescribed in Point c, Clause 1, Article 5 of this Decree;

b) Seeking the opinion of the Ministry of Industry and Trade before issuing or amending Business Licenses for activities prescribed in Points b, d, đ, e, g, h, and i, Clause 1, Article 5 of this Decree;

c) Seeking the opinion of the Ministry of Industry and Trade before issuing or amending Retail Establishment Licenses.

Chapter II

IMPLEMENTING ARTICLE 10 OF DECREE NO. 66-HĐBT DATE MARCH 2, 1992 OF THE STATE COUNCIL (NOW THE GOVERNMENT) ON INDIVIDUALS AND GROUPS ENGAGING IN BUSINESS WITH CAPITAL LESS THAN THE LEGAL CAPITAL AS PROVIDED IN DECREE NO. 221-HĐBT DATE JULY 23, 1991, THE MINISTRY OF FINANCE ISSUED CIRCULAR NO. 47 TC/TCT DATE JULY 18, 1997 TO GUIDE REGIMES FOR COLLECTION, PAYMENT, AND MANAGEMENT OF FEES FOR BUSINESS LICENSES ACCORDING TO DECREE NO. 66-HĐBT DATE MARCH 2, 1992 OF THE STATE COUNCIL (NOW THE GOVERNMENT);

Article 9. Conditions for Issuing a Business License

1. In the case of foreign investors from countries or territories participating in international treaties to which Vietnam is a member and has committed to opening the market for goods trading activities and related activities directly to goods trading:

a) Meeting the market access conditions stipulated in the international treaty to which Vietnam is a member;

b) Having a financial plan to implement the business activities for which the Business License is requested;

c) Not having overdue tax debts if they have been established in Vietnam for one year or more.

2. In the case of foreign investors from countries or territories not participating in international treaties to which Vietnam is a member:

a) The conditions specified in points b and c of Clause 1 of this Article;

b) Meeting the following criteria: - Complying with the provisions of specialized laws; - Being consistent with the level of competition among domestic enterprises in the same field of operation; - Ability to create employment for domestic labor; - Capacity and extent of contribution to the state budget.

3. In the case of business services that have not been committed to open the market in international treaties to which Vietnam is a member: The conditions specified in Clause 2 of this Article.

4. In the case of goods trading that have not been committed to open the market in international treaties to which Vietnam is a member: Lubricating oils; rice; sugar; pre-recorded items; books, newspapers, and magazines

a) The conditions specified in Clause 2 of this Article;

b) For goods being lubricating oils: Considering issuing permission to carry out import rights and wholesale distribution rights for foreign-invested economic organizations that have carried out one of the following activities: - Producing lubricating oils in Vietnam; - Producing or being permitted to distribute in Vietnam machinery, equipment, goods using special types of lubricating oils.

c) For goods being rice; sugar; pre-recorded items; books, newspapers, and magazines: Considering issuing permission to carry out retail distribution rights for foreign-invested economic organizations that already have retail outlets in the form of supermarkets, mini-supermarkets, convenience stores to sell at those outlets.

Article 10. Basis for Considering Approval to Issue a Business License

The Ministry of Industry and Trade and sectoral management ministries shall base their consideration on the following contents to approve the issuance of a Business License for cases stipulated in Clauses 2, 3, and 4 of Article 9 of this Decree:

1. Consistency with industry and sector development plans and strategies of regions and the country.

2. Progress in negotiations to open the market of Vietnam.

3. Market opening needs of Vietnam.

4. Cooperation strategy with foreign partners of Vietnam.

5. Diplomatic relations, national security issues, public order, and social safety for cases of foreign investors from countries or territories not participating in international treaties to which Vietnam is a member.

Article 11. Content of Business License, Duration of Business

1. Content of Business License (Model No. 11 attached to this Decree):

a) Name, enterprise code, main office address, and legal representative;

b) Owner, capital contributors, founding shareholders;

c) Goods distributed;

d) Activities directly related to goods trading;

đ) Other contents.

2. Duration of Business

a) The duration of business for cases stipulated in Clauses 2, 3, and 4 of Article 9 of this Decree is five years;

b) The duration of business for renewed licenses is the remaining period of the previously issued Business License.

Article 12. Documents for Issuing a Business License

The documents include:

1. Application form for issuing a Business License (Form No. 01 attached to this Decree).

2. Explanation statement containing:

a) Explanation on the conditions for issuing a Business License in accordance with the provisions of Article 9 of this Decree;

b) Business plan: Description of the content and methods of implementing business activities; presentation of the business plan and market development; labor needs; assessment of the economic and social impact and effectiveness of the business plan;

c) Financial plan: Report on business results based on audited financial statements of the most recent year if already established in Vietnam for at least one year; explanation on capital, sources of capital, and capital-raising plans; accompanied by financial documents;

d) Business situation regarding trading activities and other activities directly related to trading; financial status of foreign-invested economic organizations up to the time of application for a Business License, in cases where a Business License is issued as provided for in Clause 6, Article 5 of this Decree.

3. Tax authority documents proving there is no overdue tax debt.

4. Copies: Enterprise registration certificate; Investment registration certificate for trading activities and other activities directly related to trading (if applicable).

Article 13. Procedure for Issuing a Business License

1. Submission of documents directly, through postal service, or via electronic network (if eligible).

2. Number of sets of documents

- In cases where a Business License is issued to carry out activities specified in Point a, Clause 1, Article 5 of this Decree: 01 set;

- In cases where a Business License is issued to carry out activities specified in Points b, d, đ, e, g, h, and i, Clause 1, Article 5 of this Decree: 02 sets;

- In cases where a Business License is issued to carry out activities specified in Point c, Clause 1, Article 5 of this Decree: 03 sets.

3. Within three working days from the date of receipt of the documents, the issuing authority shall examine and request corrections or supplements if the documents are incomplete or invalid.

4. Within ten working days from the date of receipt of complete and valid documents, the issuing authority shall examine compliance with the corresponding conditions stipulated in Article 9 of this Decree.

a) If the conditions are not met, the issuing authority shall issue a written response stating the reasons;

b) If the conditions are met,

- The issuing authority shall issue a Business License to carry out activities specified in Point a, Clause 1, Article 5 of this Decree; if the license is refused, a written response stating the reasons must be issued;

- The issuing authority shall submit the documents along with a letter seeking opinions from the Ministry of Industry and Trade and the relevant sector management agency as provided for in Point a or b, Clause 3, Article 8 of this Decree (Form No. 09 attached to this Decree).

5. Within fifteen days from the date of receipt of the documents, the Ministry of Industry and Trade and the relevant sector management agency shall issue a written approval for issuing a Business License based on the corresponding provisions of Article 10 of this Decree; if the license is refused, a written response stating the reasons must be issued (Form No. 10 attached to this Decree).

6. Within three working days from the date of receipt of the approval letter from the Ministry of Industry and Trade and the relevant sector management agency, the issuing authority shall issue the Business License. If the Ministry of Industry and Trade or the relevant sector management agency issues a refusal letter, the issuing authority shall issue a written response stating the reasons.

Article 14. Amendment of Business License

The Business License shall be amended when there is a change in any of the contents prescribed in Clause 1 of Article 11 of this Decree.

Article 15. Documents for Amending the Business License

The documents include:

1. Application for amendment of the Business License (Form No. 02 attached to this Decree).

2. In case of changing the content prescribed in Point a of Clause 1 of Article 11 of this Decree, except for the case of transferring the main office location as prescribed in Clause 1 of Article 17 of this Decree: A copy of the Enterprise Registration Certificate recording the amended content.

3. In case of changing the content prescribed in Points b, c, d, and đ of Clause 1 of Article 11 of this Decree: The documents prescribed in Clauses 2, 3, and 4 of Article 12 of this Decree.

Article 16. Procedure for Amending the Business License

1. The documents must be submitted within ten working days from the date of receipt of the Enterprise Registration Certificate recording the amended content as prescribed in Points a and b of Clause 1 of Article 11 of this Decree.

2. The procedure shall be carried out in accordance with the provisions of Article 13 of this Decree.

3. Within five working days from the date of receipt of the amended Business License, the foreign-invested economic organization shall be responsible for returning the previously issued Business License to the issuing authority.

Article 17. Reissuance of Business License

The Business License shall be reissued in the following cases:

1. Transfer of the main office location from one province/city directly under the Central Government to another province/city directly under the Central Government.

2. Loss or damage of the Business License.

Article 18. Documents for Reissuing the Business License

The documents include:

1. Application for reissuance of the Business License (Form No. 03 attached to this Decree).

2. A copy of the Enterprise Registration Certificate in the case of reissuance as prescribed in Clause 1 of Article 17 of this Decree.

Article 19. Procedure for Reissuing the Business License

1. The documents must be submitted within ten working days from the date of receipt of the Enterprise Registration Certificate recording the amended content in the case of reissuance as prescribed in Clause 1 of Article 17 of this Decree.

2. One set of documents shall be sent directly or through postal service or electronic network (if applicable conditions are met) to the issuing authority at the new location.

3. Within three working days from the date of receipt of the documents, the issuing authority shall examine and request corrections or supplements if the documents are incomplete or invalid.

4. Within five working days from the date of receipt of complete and valid documents, the issuing authority shall issue the Business License. If refused, a written response with reasons must be provided. For the case prescribed in Clause 1 of Article 17 of this Decree, the issuing authority shall send one copy of the Business License to the issuing authority at the previous location to update the Database System.

5. Within five working days from the date of reissuance of the Business License, the foreign-invested economic organization in the case prescribed in Clause 1 of Article 17 of this Decree shall be responsible for returning the previously issued Business License to the issuing authority at the previous location.

Article 20. Documents and Procedure for Issuing Business License Simultaneously with Retail Establishment Permit

1. The documents include:

a) Documents prescribed in Article 12 and Clauses 1 and 2 of Article 27 of this Decree;

b) Investment registration certificate for the retail establishment project (if any).

2. The procedure for issuing Business License simultaneously with Retail Establishment Permit shall be carried out in accordance with the provisions of Articles 13 and 28 of this Decree.

Article 21. Refusal to Issue Business License

In addition to cases where the conditions stipulated in this Decree are not met, the Licensing Authority shall refuse to issue a Business License in the following circumstances:

1. The operating period of the project involving the purchase and sale of goods and activities directly related to the purchase and sale of goods has expired.

2. An economic organization with foreign investment capital requests issuance of a Business License within two years from the date its Business License was revoked according to Clause 1, Article 43 of this Decree.

Chapter III

BUSINESS LICENSE FOR RETAIL OUTLET

Article 22. Conditions for Establishing a Retail Outlet

1. Establishment of the first retail outlet

a) Having a financial plan to establish a retail outlet;

b) Not having overdue tax debts if it has been established in Vietnam for at least one year;

c) The location for establishing the retail outlet is consistent with relevant planning in the geographic market area.

2. Establishment of a retail outlet other than the first retail outlet

a) In cases where an economic need assessment is not required: Meeting the conditions stipulated in Clause 1 of this Article;

b) In cases where an economic need assessment is required:

- Meeting the conditions stipulated in Clause 1 of this Article;

- Meeting the criteria for Economic Need Assessment specified in Clause 2, Article 23 of this Decree.

Article 23. Economic Need Assessment (ENT)

1. Cases requiring ENT for establishing a retail outlet other than the first retail outlet, except for outlets with an area under 500 square meters located in shopping centers and not classified as convenience stores or mini supermarkets.

2. Criteria for Economic Need Assessment

a) The scale of the geographic market area affected when the retail outlet operates;

b) The number of existing retail outlets operating in the geographic market area;

c) The impact of the retail outlet on market stability and the business operations of other retail outlets and traditional markets in the geographic market area;

d) The impact of the retail outlet on traffic density, environmental hygiene, and fire prevention and extinguishing in the geographic market area;

đ) The potential contribution of the retail outlet to the economic and social development of the geographic market area, specifically:

- Creating employment for domestic labor;

- Contributing to the development and modernization of the retail sector in the geographic market area;

- Improving the environment and living conditions of residents in the geographic market area;

- The ability and extent of contribution to the state budget.

Article 24. Economic Need Assessment Council (ENT Council)

1. The ENT Council is established by the People's Committee of the province where the retail outlet is to be established based on the proposal of the Licensing Authority.

2. The ENT Council consists of: A representative of the People's Committee of the province or a representative of an agency authorized by the People's Committee of the province to serve as the Chairman of the ENT Council; representatives of the Department of Industry and Trade, the Department of Planning and Investment, and other relevant departments, agencies, and organizations serving as members of the ENT Council. If the location for establishing the retail outlet is situated in a district, commune, town bordering another province/city directly under the central government, then the ENT Council must include a representative of the People's Committee of the bordering province/city.

3. Based on evaluating the ENT criteria specified in Clause 2, Article 23 of this Decree, the ENT Council must clarify whether the location for establishing the retail outlet is appropriate or inappropriate, and the Chairman of the ENT Council must issue a conclusion document proposing permission or refusal to establish the retail outlet at that location.

Article 25. Grounds for considering approval to issue a Retail Establishment Permit

The Ministry of Industry and Trade shall base its consideration on the following grounds to approve the issuance of a Retail Establishment Permit:

1. In cases where foreign investors from countries or territories that are parties to international treaties to which Vietnam is a member and have commitments to open up markets for goods trading activities and related activities directly connected to such trading: Compliance with industry and sector development plans and strategies at the regional and national levels.

2. In the case of foreign investors from countries or territories not participating in international treaties to which Vietnam is a member:

a) Compliance with industry and sector development plans and strategies at the regional and national levels;

b) Progress in Vietnam's market opening negotiations;

c) Vietnam's market opening needs;

d) Vietnam's strategy for cooperation with foreign partners;

đ) Diplomatic relations, national security issues, public order, and social safety.

Article 26. Content and Validity Period of the Retail Establishment Permit

1. Content of the Retail Establishment Permit (Form No. 12 attached hereto)

a) Name, business code number, main office address;

b) Name, address of the retail establishment;

c) Type of retail establishment;

d) Scale of the retail establishment;

đ) Other contents;

e) Validity period of the Retail Establishment Permit.

2. Validity period of the Retail Establishment Permit

a) The validity period of the Retail Establishment Permit corresponds to the remaining validity period on the Investment Registration Certificate for the project to establish a retail establishment. In cases where there is no Investment Registration Certificate, the validity period of the Retail Establishment Permit corresponds to the period recorded in the documentation regarding the location for establishing the retail establishment;

b) The validity period of the renewed Retail Establishment Permit corresponds to the remaining validity period of the previously issued Retail Establishment Permit;

c) The validity period of the extended Retail Establishment Permit is implemented according to the provisions of point a of this clause.

Article 27. Documents for Issuing a Retail Establishment Permit

The documents include:

1. Application for a Retail Establishment Permit (Form No. 04 attached hereto).

2. Explanation statement containing:

a) Location for establishing a retail establishment: Address of the retail establishment; description of the general area and relevant areas, and the area used for establishing the retail establishment; explanation of compliance with the conditions stipulated in point c, Clause 1, Article 22 of this Decree; accompanied by documentation regarding the location for establishing the retail establishment;

b) Business plan at the retail establishment: Presentation of the business plan and market development; labor requirements; assessment of the economic and social impact and effectiveness of the business plan;

c) Financial plan for establishing the retail establishment: Report on business results based on the audited financial statements of the most recent year if established in Vietnam for one year or more; explanation of capital, sources of capital, and funding methods; accompanied by financial documentation.

3. Tax authority documents proving there is no overdue tax debt.

4. Copies: Business Registration Certificate, Investment Registration Certificate for the project to establish a retail establishment (if applicable), Business Operation Permit.

5. Explanation of the criteria specified in points c, d, and đ, Clause 2, Article 23 of this Decree, in cases where an ENT procedure must be carried out.

Article 28. Procedure for Issuing the First Retail Establishment Permit and Subsequent Retail Establishments Not Subject to the ENT Procedure

1. Two sets of documents, submitted directly, through postal service, or via electronic network (if eligible).

2. Within three working days from the date of receipt of the documents, the issuing authority shall examine and request corrections or supplements if the documents are incomplete or invalid.

3. Within ten working days from the date of receipt of complete and valid documents, the issuing authority shall examine compliance with the conditions stipulated in Clause 1, Article 22 of this Decree.

a) If the conditions are not met, the issuing authority shall issue a written response stating the reasons;

b) If the conditions are met, the issuing authority shall send the documents along with a letter seeking the opinion of the Ministry of Industry and Trade as prescribed in point c, Clause 3, Article 8 of this Decree (Form No. 09 attached hereto).

4. Within seven working days from the date of receipt of the documents, the Ministry of Industry and Trade shall base its decision on the corresponding provisions of Article 25 of this Decree to issue a letter approving the issuance of a Retail Establishment Permit; in case of refusal, it must provide a reply letter stating the reasons (Form No. 10 attached hereto).

5. Within three working days from the date of receipt of the approval letter from the Ministry of Industry and Trade, the issuing authority shall issue the Retail Establishment Permit. In case of refusal by the Ministry of Industry and Trade, the issuing authority must provide a reply letter stating the reasons.

Article 29. Procedure for Issuing Retail Establishment Permit outside the First Retail Outlet under the Situation Requiring ENT

1. Two sets of documents shall be submitted directly, through postal service, or via electronic network (if applicable) to the Issuing Authority.

2. Within three working days from the date of receipt of the documents, the issuing authority shall examine and request corrections or supplements if the documents are incomplete or invalid.

3. Within five working days from the date of receiving complete and valid documents, the Issuing Authority shall examine compliance with conditions stipulated in Clause 1, Article 22 of this Decree.

a) If the conditions are not met, the issuing authority shall issue a written response stating the reasons;

b. In case the conditions are met, the Issuing Authority shall propose the establishment of the ENT Board in accordance with Clauses 1 and 2, Article 24 of this Decree.

4. Within seven working days from the date of receiving the request for establishing the ENT Board, the Provincial People's Committee shall establish the ENT Board.

5. Within thirty days from the date of establishment, the ENT Board shall assess the ENT criteria stipulated in Clause 2, Article 23 of this Decree for the Chairman of the ENT Board to issue a conclusion proposal.

6. Within three working days from the date of receiving the conclusion proposal from the Chairman of the ENT Board:

a. If the conclusion proposal does not grant permission, the Issuing Authority shall issue a response letter clearly stating the reasons;

b. If the conclusion proposal grants permission, the Issuing Authority shall submit the documents along with a letter seeking the Ministry of Industry and Trade’s opinion in accordance with point c, Clause 3, Article 8 of this Decree (Model No. 09 attached to this Decree).

7. Within ten working days from the date of receiving the documents, the Ministry of Industry and Trade shall issue a letter approving the issuance of the Retail Establishment Permit based on the corresponding provisions of Article 25 of this Decree; if rejecting, it must issue a response letter clearly stating the reasons (Model No. 10 attached to this Decree).

8. Within three working days from the date of receiving the approval letter from the Ministry of Industry and Trade, the Issuing Authority shall issue the Retail Establishment Permit. If the Ministry of Industry and Trade rejects, the Issuing Authority must issue a response letter clearly stating the reasons.

Article 30. Amendment of Retail Establishment Permit

The Retail Establishment Permit may be amended when there is a change in any of the contents specified in points a, b, c, d, and đ, Clause 1, Article 26 of this Decree.

Article 31. Documents for Amending Retail Establishment Permit

1. In cases where the contents specified in points a, b, and c, Clause 1, Article 26 of this Decree are changed, except for changing the type of retail outlet to a convenience store or mini-supermarket as stipulated in Clause 4 of this Article; in cases of reducing the area of the retail outlet, the documents include:

a. Application for amending the Retail Establishment Permit (Model No. 05 attached to this Decree);

b. In cases of changing the name or main office address: A copy of the Business Registration Certificate reflecting the changes;

c. In cases of changing the address of the retail outlet: A copy of the document issued by the competent authority at the ward, commune, or town confirming the address change;

d. In cases of reducing the area of the retail outlet: Relevant documents.

2. In cases of increasing the area of the first retail outlet within a shopping center; increasing the area of the retail outlet outside the first retail outlet established within a shopping center and not belonging to the type of convenience store or mini-supermarket up to less than 500 square meters, the documents include:

a. Application for amending the Retail Establishment Permit (Model No. 05 attached to this Decree).

b. An explanation containing:

- Location of the retail outlet: Address of the retail outlet; description of the general area and related areas and the area used for setting up the retail outlet; accompanied by documentation about the location of the retail outlet;

- Report on the business operation status of the retail outlet in the most recent year.

c. Documentation from the tax authority proving no overdue tax arrears.

3. In cases of increasing the area of the first retail outlet not located within a shopping center, the documents include:

a. Documents stipulated in Clause 2 of this Article;

b. Explanation of compliance with the conditions stipulated in point c, Clause 1, Article 22 of this Decree.

4. In cases of increasing the area of other retail outlets and in cases where the retail outlet outside the first retail outlet changes its type to a convenience store or mini-supermarket, the documents include:

- Application for amending the Retail Establishment Permit (Model No. 05 attached to this Decree);

- Report on the business operation status of the retail outlet in the most recent year;

- Documents stipulated in Clauses 2, 3, and 5 of Article 27 of this Decree.

Article 32. Procedure for Amending the Retail Establishment Permit

1. The file shall be submitted within 10 working days from the date of receipt of the document recording the contents of the amendments stipulated in points a and b of Clause 1, Article 26 of this Decree.

2. In cases prescribed in Clauses 1 and 2, Article 31 of this Decree:

a) One set of files shall be directly submitted or sent via postal service or electronic network (if applicable conditions are met) to the Issuing Authority.

b) Within three working days from the date of receiving the file, the Issuing Authority shall examine and request corrections and supplements if the file is incomplete or invalid.

c) Within five working days from the date of receiving a complete and valid file, the Issuing Authority shall amend the Retail Establishment Permit; in case of refusal, a written response with detailed reasons must be provided.

3. In cases prescribed in Clause 3, Article 31 of this Decree: The procedure shall be carried out according to the provisions of Article 28 of this Decree.

4. In cases prescribed in Clause 4, Article 31 of this Decree: The procedure shall be carried out according to the provisions of Article 29 of this Decree.

5. Within five working days from the date of receiving the amended Retail Establishment Permit, the foreign-invested economic organization shall be responsible for returning the previously issued Retail Establishment Permit to the Issuing Authority.

Article 33. Reissuing the Retail Establishment Permit

The Retail Establishment Permit shall be reissued in cases of loss or damage.

Article 34. Documents for Reissuing the Retail Establishment Permit

Application form for reissuing the Retail Establishment Permit (Form No. 06 attached to this Decree).

Article 35. Procedure for Reissuing the Retail Establishment Permit

1. One set of files shall be directly submitted or sent via postal service or electronic network (if applicable conditions are met) to the Issuing Authority.

2. Within five working days from the date of receiving the file, the Issuing Authority shall reissue the Retail Establishment Permit; in case of refusal, a written response with detailed reasons must be provided.

Article 36. Documents for Extending the Retail Establishment Permit

The documents include:

1. Application form for extending the Retail Establishment Permit (Form No. 07 attached to this Decree).

2. Documents specified in Clauses 2, 3, and 4, Article 27 of this Decree.

Article 37. Procedure for Extending the Retail Establishment Permit

1. The file shall be submitted at least 30 days before the expiration of the Retail Establishment Permit.

2. One set of files shall be directly submitted or sent via postal service or electronic network (if applicable conditions are met) to the Issuing Authority.

3. Within five working days from the date of receiving the file, the Issuing Authority shall examine and request corrections and supplements if the file is incomplete or invalid.

4. If the file is complete and valid, the Issuing Authority shall extend the Retail Establishment Permit; in case of refusal, a written response with detailed reasons must be provided.

Article 38. Documents and Procedure for Issuing the Retail Establishment Permit to Allow the Retail Establishment to Continue Operating

1. The documents include:

a) Application form for issuing the Retail Establishment Permit to allow the retail establishment to continue operating (Form No. 08 attached to this Decree).

b) Explanation on the retail establishment's content:

- Location of the retail establishment: Address of the retail establishment; description of the general area, related areas, and the area used for establishing the retail establishment; explanation on meeting the conditions stipulated in point c, Clause 1, Article 22 of this Decree; explanation on the criteria stipulated in points c, d, and đ, Clause 2, Article 23 of this Decree, in case of applying for the Retail Establishment Permit for the retail establishment prescribed in Clause 1, Article 23 of this Decree; accompanied by documents about the location of the retail establishment;

- Business situation of the retail establishment; business plan and market development plan; labor demand; assessment of the impact and economic-social effectiveness of the retail establishment's business plan;

- Business results of the retail establishment based on the audited financial report of the most recent year;

c) Comprehensive report on the business results of the foreign-invested economic organization based on the audited financial report of the most recent year; financial plan; accompanied by financial documents;

d) Tax authority documents proving no overdue tax debts;

đ) Copies: Business Registration Certificate, Investment Registration Certificate for the retail establishment project (if any), Business License (if any).

2. Procedure

a) Two sets of files shall be directly submitted or sent via postal service or electronic network (if applicable conditions are met) to the Ministry of Industry and Trade within 30 days from the date of receipt of the Business Registration Certificate recording the change content;

b) Within three working days from the date of receiving the file, the Ministry of Industry and Trade shall examine and request corrections and supplements if the file is incomplete or invalid;

c) Within fifteen days from the date of receiving a complete and valid file, the Ministry of Industry and Trade shall review and send the file to the Issuing Authority where the retail establishment requests to continue operating;

d) Within twenty days from the date of receiving the file, the Issuing Authority shall examine and evaluate the file and the location of the retail establishment to provide a written recommendation to the Ministry of Industry and Trade for issuing the permit (Form No. 09 attached to this Decree); in case of recommending not to issue the permit, a written response with detailed reasons must be provided to the Ministry of Industry and Trade;

đ) Within fifteen days from the date of receiving the Issuing Authority's document, the Ministry of Industry and Trade shall base its approval decision on the Issuing Authority's recommendation and corresponding provisions in Article 25 of this Decree; in case of refusal, a written response with detailed reasons must be provided (Form No. 10 attached to this Decree);

e) Within five working days from the date of receiving the Ministry of Industry and Trade's approval document, the Issuing Authority shall issue the Retail Establishment Permit; in case of refusal, a written response with detailed reasons must be provided.

Article 39. Refusal to Issue or Extend Retail Establishment Permit

In addition to cases where the conditions stipulated in this Decree are not met, the issuing authority shall refuse to issue or extend the Retail Establishment Permit in the following circumstances:

1. The operating period of the retail establishment project has expired.

2. An economic organization with foreign investment requests issuance of a Retail Establishment Permit within two years from the date the Retail Establishment Permit was revoked according to Clause 2, Article 43 of this Decree.

Chapter IV

REPORTING SYSTEM, SUBMISSION, STORAGE OF PERMITS AND INFORMATION DISCLOSURE

AND ANNOUNCE INFORMATION

Article 40. Reporting System

1. Reporting by Economic Organizations with Foreign Investment

a) Annually, before January 31, economic organizations with foreign investment are responsible for reporting their trading activities and related activities directly linked to trading activities according to Model No. 13 attached to this Decree.

b) Economic organizations with foreign investment have the obligation to report, provide documents or explain issues related to trading activities and related activities directly linked to trading activities, and the operation of retail establishments upon request of competent state management agencies.

2. Reporting by the Issuing Authority

Permit Annually, before February 28, the issuing authority reports to the Ministry of Industry and Trade and the sectoral management ministry (in cases where business permits are issued according to Point c, Clause 4, Article 9 of this Decree) on the situation of issuing, reissuing, amending, revoking business permits; issuing, reissuing, extending, revoking retail establishment permits of economic organizations with foreign investment; the implementation of trading activities and related activities directly linked to trading activities of economic organizations with foreign investment under its jurisdiction, according to Model No. 14 attached to this Decree.

Article 41. Submission, Storage of Permits and Information Disclosure

1. The issuing authority is responsible for sending copies of business permits to: the Ministry of Industry and Trade, the sectoral management ministry (in cases stipulated in Point c, Clause 4, Article 9 of this Decree), tax authorities, statistical authorities, and other relevant agencies where the economic organization with foreign investment is headquartered (if necessary).

2. The issuing authority is responsible for sending copies of retail establishment permits to: the Ministry of Industry and Trade, tax authorities, statistical authorities, and other relevant agencies where the retail establishment is located.

3. Within fifteen days from the date of issuance, reissuance, amendment, revocation of business permits; issuance, reissuance, amendment, extension, revocation of retail establishment permits; issuance of decisions to terminate operations; issuance of administrative violation handling decisions; receipt of copies of certificates confirming temporary suspension of operations or resumption of operations ahead of schedule from the enterprise registration certificate issuing authority, the issuing authority is responsible for updating the database system.

Chapter V

STATE MANAGEMENT AND VIOLATION HANDLING

Article 42. Handling Violations

Economic organizations with foreign investment that violate laws and regulations governing trading activities and related activities directly linked to trading activities, and violate provisions of this Decree, shall be subject to administrative violation handling measures according to the nature, severity, and type of violation.

Article 43. Revocation of Business License and Retail Establishment Permit

1. The Business License shall be revoked in the following cases:

a) The Enterprise Registration Certificate is revoked;

b) The Investment Registration Certificate for a project with the aim of trading goods and activities directly related to trading goods is revoked;

c) The information declared in the application dossier for issuance, reissuance, or amendment of the Business License is false;

d) Ceasing trading activities and activities directly related to trading goods for more than twelve months without reporting to the issuing authority;

đ) Failing to implement the regular reporting system as stipulated at point a, Clause 1, Article 40 of this Decree for twenty-four consecutive months;

e) Failing to submit reports, documents, and explanations as required at point b, Clause 1, Article 40 of this Decree within three months from the deadline requested;

2. The Retail Establishment Permit shall be revoked in the following cases:

a) The Investment Registration Certificate or equivalent legal document for the retail establishment project, or the Business License is revoked;

b) The information declared in the application dossier for issuance, reissuance, amendment, or extension of the Retail Establishment Permit is false;

c) After twelve months from the date of issuance of the Retail Establishment Permit, a foreign-invested economic organization does not have the Investment Registration Certificate when required to have it and fails to report to the issuing authority;

d) After twenty-four months from the date of issuance of the Retail Establishment Permit, a foreign-invested economic organization does not have the Investment Registration Certificate when required to have it;

đ) Ceasing retail operations at the retail establishment for more than twelve months without reporting to the issuing authority;

e) Failing to implement the regular reporting system as stipulated at point a, Clause 1, Article 40 of this Decree for twenty-four consecutive months;

g) Failing to submit reports, documents, and explanations as required at point b, Clause 1, Article 40 of this Decree within three months from the deadline requested;

3. Procedure for revoking the Business License and Retail Establishment Permit

a) In the case stipulated at point a, Clause 1, Article 43 and point a, Clause 2, Article 43 of this Decree

The issuing authority issues a Decision to revoke the Business License and a Decision to revoke the Retail Establishment Permit (Form No. 15 attached to this Decree).

b) In the case stipulated at point b, Clause 1, Article 43 of this Decree

Within thirty days from the date the Investment Registration Certificate or equivalent legal document for a project with the aim of trading goods and activities directly related to trading goods is revoked, the foreign-invested economic organization sends a copy of the Decision to revoke the Investment Registration Certificate to the issuing authority.

If the investment project's objectives, which have been revoked the Investment Registration Certificate, include all the contents of trading goods and activities directly related to trading goods that have already been granted a Business License, the issuing authority issues a Decision to revoke the Business License.

If the investment project's objectives, which have been revoked the Investment Registration Certificate, include part of the contents of trading goods and activities directly related to trading goods that have already been granted a Business License, the issuing authority issues a Decision to cancel the relevant parts of the Business License related to the investment project whose Investment Registration Certificate has been revoked, and simultaneously cancels these parts on the Business License.

c) In the case where the information declared in the application dossier for issuance, reissuance of the Business License; issuance, reissuance, and extension of the Retail Establishment Permit is false

The issuing authority issues a notice of violation and a Decision to revoke the issued or reissued Business License; a Decision to revoke the issued, reissued, or extended Retail Establishment Permit.

d) In the case where the information declared in the application dossier for amendment of the Business License or Retail Establishment Permit is false

The issuing authority issues a notice of violation and a Decision to cancel the amended parts of the Business License or Retail Establishment Permit based on false information; restores the previously approved contents on the Business License or Retail Establishment Permit, and simultaneously notifies the competent authority to handle according to the law.

đ) In the cases stipulated at points d, đ, and e, Clause 1, and points c, d, đ, e, and g, Clause 2, Article 43 of this Decree

The issuing authority requests the legal representative of the foreign-invested economic organization to explain. If the representative does not come within fifteen days from the request date or comes but provides unsatisfactory explanations, the issuing authority issues a Decision to revoke the Business License and a Decision to revoke the Retail Establishment Permit.

Article 44. Suspension of Trading Activities and Related Direct Activities

1. An economic organization with foreign invested capital may suspend trading activities and related direct activities for a period not exceeding twelve months.

2. When suspending trading activities and related direct activities, an economic organization with foreign invested capital shall fulfill the following obligations:

a) Comply with the legal provisions on suspension of business operations;

b) Within ten working days from the date of receiving the Certificate of Suspension of Business Operations, continue operating before the expiry date specified in the Enterprise Registration Certificate, submit a copy of the Certificate of Suspension of Business Operations, and continue operating before the expiry date to the Issuing Authority for publication on the Database System.

Article 45. Termination of Trading Activities and Related Direct Activities

1. Cases of termination of trading activities and related direct activities:

a) An economic organization with foreign invested capital decides to terminate trading activities and related direct activities;

b) The business term specified in the Business License expires without a new application for issuance; the establishment term of the retail store license expires without an extension request;

c) The business term specified in the Business License expires without approval for a new issuance; the establishment term of the retail store license expires without an extension of the retail store establishment license;

d) Trading activities and related direct activities are canceled; the Business License and Retail Store Establishment License are revoked according to Article 43 of this Decree.

2. The termination of trading activities and related direct activities shall be carried out as follows:

a) In the cases stipulated in points a and b of Clause 1 of this Article

Within fifteen days from the date of deciding to terminate operations or fifteen days prior to the expiration date of the business term specified in the Business License or the establishment term of the retail store license, the economic organization with foreign invested capital shall notify the termination of trading activities and related direct activities, and the termination of the retail store's operations to the Issuing Authority.

Within ten working days from the date of receiving the termination notice, the Issuing Authority issues a Decision to Terminate Operations (Model No. 16 attached to this Decree).

Within five working days from the date of receiving the Decision to Terminate Operations, the economic organization with foreign invested capital shall be responsible for returning the original Business License issued to the Issuing Authority.

b) In the case stipulated in point c of Clause 1 of this Article

Trading activities and related direct activities of the economic organization with foreign invested capital shall terminate from the date the business term specified in the Business License and the establishment term of the retail store license expire.

c) In the case stipulated in point d of Clause 1 of this Article

Trading activities and related direct activities of the economic organization with foreign invested capital shall terminate from the date specified in the Decision to Revoke the Business License and Retail Store Establishment License. Within five working days from the date of receiving the Decision to Revoke the Business License and Retail Store Establishment License, the economic organization with foreign invested capital shall be responsible for returning the original Business License and Retail Store Establishment License issued to the Issuing Authority.

Chapter VI

IMPLEMENTATION

Article 46. Responsibilities of the Ministry of Industry and Trade

1. Announce Vietnam's commitments under international treaties regarding trading activities and activities directly related to trading of economic organizations with foreign investment in Vietnam.

2. Take the lead and coordinate with the Construction Permit Issuing Authority to establish a database on trading activities and activities directly related to trading of economic organizations with foreign investment in Vietnam.

3. Take the lead and coordinate with the Construction Permit Issuing Authority, ministries, sectors, and localities to supervise, inspect, examine, and evaluate trading activities and activities directly related to trading, establishment of retail outlets by foreign investors and economic organizations with foreign investment in Vietnam when necessary or upon request from ministries, sectors, and localities.

Article 47. Responsibilities of the Ministry of Planning and Investment

1. Take the lead and coordinate with the Ministry of Industry and Trade to review, compile, and publish business conditions for foreign investors and economic organizations with foreign investment in the field of trading activities and activities directly related to trading on the National Enterprise Registration Portal and the National Foreign Investment Portal.

2. Coordinate with the Ministry of Industry and Trade to monitor, inspect, examine, and evaluate foreign investment activities in the field of trading activities and activities directly related to trading, establishment of retail outlets.

Article 48. Responsibilities of the People's Committee of the Province

1. Implement state management over trading activities and activities directly related to trading of foreign investors and economic organizations with foreign investment in the locality within its authority.

2. Direct the Department of Industry and Trade, the Department of Planning and Investment, and relevant agencies in the locality to inspect and examine trading activities and activities directly related to trading of foreign investors and economic organizations with foreign investment when necessary or organize inter-agency inspections and examinations upon request from state management agencies.

3. Coordinate with relevant ministries and sectors in state management over trading activities and activities directly related to trading of foreign investors and economic organizations with foreign investment in the locality.

Article 49. Responsibilities of the Department of Industry and Trade

1. Issue, reissue, adjust, and revoke Business Licenses; issue, reissue, adjust, extend, and revoke Retail Establishment Licenses.

2. Publish and update information related to Business Licenses, Retail Establishment Licenses, trading activities and activities directly related to trading of foreign investors and economic organizations with foreign investment on the database system; handle violations at the local level.

3. Carry out state management at the local level over trading activities and activities directly related to trading, establishment of retail outlets by economic organizations with foreign investment according to its authority.

4. Supervise, inspect, examine, and evaluate trading activities and activities directly related to trading, establishment of retail outlets by economic organizations with foreign investment at the local level according to its authority.

5. Handle violations of laws in trading activities and activities directly related to trading, establishment of retail outlets by economic organizations with foreign investment at the local level according to its authority.

Article 50. Transitional Provisions

1. Economic organizations with foreign investment that already have a Business Registration Certificate, Investment Registration Certificate, or other equivalent legal documents, a Business License, or a Retail Establishment Permit to carry out trading activities and related activities directly connected to trading before this Decree takes effect shall continue to conduct these activities based on the validity of the issued documents without having to go through the procedures for issuing a Business License or a Retail Establishment Permit.

2. Economic organizations with foreign investment that do not yet have a Business License as prescribed in this Decree but already possess a Business Registration Certificate, Investment Registration Certificate, or other equivalent legal documents containing trading activities and related activities directly connected to trading which require a Business License under this Decree, when requesting amendments to the provisions stipulated in Clause 1, Article 11 of this Decree in the aforementioned documents, must follow the procedures for amending the Business License as prescribed in Articles 15 and 16 of this Decree. The issuing authority shall record the previously approved content and note the newly approved amended content.

3. Economic organizations with foreign investment that do not yet have a Retail Establishment Permit as prescribed in this Decree but already possess a Business Registration Certificate, Investment Registration Certificate, or other equivalent legal documents containing establishment of retail establishments which require a Retail Establishment Permit under this Decree, when requesting amendments to the provisions stipulated in Points a, b, c, d, and e of Clause 1, Article 26 of this Decree in the aforementioned documents, must follow the procedures for amending the Retail Establishment Permit as prescribed in Articles 31 and 32 of this Decree. The issuing authority shall record the previously approved content and note the newly approved amended content.

Article 51. Effective Date

1. This Decree takes effect from January 15, 2018.

2. This Decree replaces Decree No. 23/2007/NĐ-CP dated February 12, 2007 of the Government detailing the Law on Trade regarding trading activities and related activities directly connected to trading of enterprises with foreign investment in Vietnam.

Article 52. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.