Procedures for granting a Retail Outlet Establishment License: applicable entities, required documentation, and implementation process (with or without ENT) under Decree No. 09/2018/ND-CP as amended in 2025.

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Retail Outlet Establishment License

I. Entities Required to Obtain a Retail Outlet Establishment License

Pursuant to Clause 2, Article 5 of Decree No. 09/2018/ND-CP, as amended and supplemented by Decree No. 146/2025/ND-CP, a Retail Outlet Establishment License shall be granted to foreign-invested economic organizations for the establishment of retail outlets.

A foreign-invested economic organization that has already obtained a Business License and possesses documentation regarding the proposed retail outlet location is entitled to apply for a Retail Outlet Establishment License.

II. Dossier for Application for a Retail Outlet Establishment License

Pursuant to Article 27 of Decree No. 09/2018/ND-CP, as amended and supplemented by Decree No. 146/2025/ND-CP, the application dossier includes the following:

No.Dossier Components
1Application for a Retail Outlet Establishment License (in the form prescribed by the competent authority).
2Explanatory statement including:
a) Location of the retail outlet: Address; description of the general area, relevant areas, and the area used for establishing the retail outlet; explanation of compliance with relevant planning conditions within the geographic market area; enclosed documents relating to the location.
b) Business plan: Presentation of business and market development plans; labor demand; assessment of socio-economic impacts and effectiveness.
c) Financial plan: Business performance report based on audited financial statements of the most recent year (if the entity has been established in Vietnam for at least one year); explanation of capital, funding sources, and capital mobilization plan; enclosed financial documents.
3Certification from the tax authority confirming no outstanding overdue tax liabilities.
4Copies of: Enterprise Registration Certificate, Investment Registration Certificate for the retail outlet project (if any), and Business License.
5Explanation of ENT criteria (where the Economic Needs Test is required), including:
a) Impact on market stability and on existing retail outlets and traditional markets in the geographic area;
b) Impact on traffic density, environmental sanitation, and fire prevention and fighting;
c) Contribution to socio-economic development, including:
– Job creation for domestic workers;
– Contribution to the development and modernization of the retail sector;
– Improvement of the environment and living conditions of residents;
– Contribution to the State budget.

III. Procedures for Granting a Retail Outlet Establishment License

Pursuant to Clause 2, Article 8 of Decree No. 09/2018/ND-CP, as amended by Decree No. 146/2025/ND-CP, the licensing authority is the Department of Industry and Trade where the retail outlet is located.

Notes:

  • The establishment of the first retail outlet does not require the ENT procedure.
  • The establishment of subsequent retail outlets may or may not require ENT depending on specific cases.

1. Cases Not Subject to ENT

Pursuant to Article 28 of Decree No. 09/2018/ND-CP (as amended), the procedure is as follows:

  1. Submit 02 sets of dossiers directly, by post, or online (if applicable) to the licensing authority.
  2. Within 03 working days, the authority reviews the dossier and requests amendments if necessary.
  3. Within 10 working days from receipt of a complete and valid dossier:
    • If conditions are not met, a written refusal stating reasons shall be issued;
    • If conditions are met, the dossier shall be submitted to the Provincial People’s Committee for opinion.
  4. Within 07 working days, the Provincial People’s Committee shall issue written approval or refusal (with reasons).
  5. Within 03 working days from receiving approval, the licensing authority shall issue the license.

👉 Total processing time: 20 working days.

2. Cases Subject to ENT

  1. Submit 02 sets of dossiers to the licensing authority.
  2. Within 03 working days, the dossier is reviewed for completeness.
  3. Within 05 working days:
    • If conditions are not met, a refusal shall be issued;
    • If conditions are met, the authority proposes the establishment of an ENT Council.
  4. Within 07 working days, the Provincial People’s Committee establishes the ENT Council.
  5. Within 30 days, the ENT Council evaluates and issues a conclusion.
  6. Within 03 working days from receiving the conclusion:
    • If not approved, a written refusal shall be issued;
    • If approved, the dossier is submitted to the Provincial People’s Committee.
  7. Within 10 working days, the Provincial People’s Committee issues approval or refusal.
  8. Within 03 working days from approval, the license is granted.

👉 Total processing time: 55 working days.


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