KENFOX IP & Law Office > Our Practice (Page 36)

Guidance on Franchise Registration in Vietnam

Conditions applicable to franchisors   A business entity may grant a franchise when the business entity satisfies all of conditions as stipulated by Vietnamese laws, particularly: (i) business system to be franchised has been operating for at least 01 year[1], (ii) business entity has registered the franchising activity with the competent body in accrdance with Vietnamese laws, and (iii) goods and services are eligible for franchising. It is further noted that, an enterprise may only conduct business in goods and services on the list of goods and services in which business is restricted or subject to conditions after such business entity has been...

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Preventing trade name infringement in Vietnam

Trade name is one category of intellectual property rights, which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Per Article 3.2 of Vietnam IP Law, objects of industrial property rights include inventions, industrial designs, layout-designs of semi-conductor integrated circuits, business secrets, trademarks, trade names and geographical indications. A trade name is often a name for a company. Thus, one of the most critical steps in setting up a new business is finding a name for the company. In this sense, under Article 4.21 of Vietnam IP Law, Trade name is a designation...

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Taxes

Licensee agrees that it shall pay In addition to the license fee or royalties provided in Article (…), any and all transfer taxes, in particular value-added taxes, which may become payable in a country other than the country of Licensor, and such transfer taxes shall not be deducted from the license fee or royalties due to Licensor. Any taxes required to be withheld from the license fee or royalties due to Licensor, shall be paid  by Licensee to the appropriate governmental agency, and the license fee or royalties remitted by Licensee to Licensor shall be the net amount after such...

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