Update

Economic Need Test for Second Retail Outlet for Foreign-Invested Companies

According to Decree 23/2007/ND-CP, a foreign-invested company wishes to open more than two retail outlets will need to pass an Economic Need Test (ENT) except in limited circumstances.  However, there are not specific  definitions on ENT, in which the investor could check it against their capility that could make foreign investors be hesitated on entering Vietnam market.

Under Circular No. 08/2013/TT-BCT issued by the Ministry of Industry and Trade, ENT is further clarified underwhich,

1. The ENT for setting up additional retail outlets by foreign invested companies is based on a) Number of the retail outlets, b) the maturity of the market, c) The population density and d) the area of the district where the proposed retail outlet is to be located.

2. A retail outlet with an area of less than 500m2 located in the place which has been designed for retailing business and which has complete infrastructure is not subject to ENT. This provision should allow foreign-invested companies to open small shops inside any complete shopping center without going through an ENT;

3. An ENT will be performed by a ENT Committee set up by the provincial People’s Committee. The decision of the ENT must be approved by the provincial People’s Committee.

Our lawyers of foreign investment practice at ANT Lawyers, a law firm in Vietnam are available to advise and provide client with service and representation for setting up a trading company in Vietnam.

In order to seek further advice or request service, please contact us at ant@antlawyers.vn or call +84 28 730 86 529

ANT Lawyers

Recent Posts

The 2024 Amended Securities Law: A Bold Step Towards Market Integrity

The stock market is one of the most important areas for raising capital and meeting…

2 days ago

Vietnam Capital Law 2024: 7 Powerful Changes to Boost or Challenge Your Business in Hanoi

A New Era of Opportunity or Complexity for Foreign Businesses in Hanoi? Imagine standing in…

5 days ago

Electricity Law Amendment 2024: A Milestone in Vietnam’s Energy Sector

On November 30, 2024, the National Assembly officially passed the Electricity Law Amendment 2024, marking…

2 weeks ago

Vietnam Bans E-Cigarettes: 7 Powerful Reasons Why This Bold Decision Protects Public Health

The decision by Vietnam to ban e-cigarettes is a turning point in public health policy.…

3 weeks ago

7 Essential Truths About Real Estate Taxation in Vietnam Every Foreign Investor Must Know Now

The Hidden Cost of Ignorance in Vietnam’s Real Estate Market Imagine that you have invested…

3 weeks ago

Decree No. 147/2024/NĐ-CP: A Comprehensive Framework for Internet and Information Management in Vietnam

With the rise of the digital age, Vietnam has experienced rapid growth in internet usage,…

1 month ago

This website uses cookies.