You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 16, 2018

PLC Franchising Global Guide 2018 – Vietnam Chapter

Practical Law Company

Lawyers from Tilleke & Gibbins’ Hanoi and Ho Chi Minh City offices have written the Vietnam chapter for Practical Law Company’s Franchising Global Guide 2018. The Q&A guide provides an overview of franchising regulations in 36 jurisdictions worldwide. Tilleke & Gibbins also contributed the chapters for Cambodia, Myanmar, and Thailand.

The Vietnam chapter covers the following topics, among others:

  • Franchising Market: High-level overview of the Vietnam franchising market and recent entrants
  • Regulations: Definition of franchising under Vietnamese law; legislation applicable to franchising activities
  • Franchise Agreements: Disclosure requirements, rights and obligations of franchisors and franchisees, permissible clauses, termination
  • Intellectual Property: Typical provisions in franchise agreements, registration requirements for IPRs
  • Competition Law: Impact of the new Law on Competition
  • Dispute Resolution: Methods of handling disputes

To read the Vietnam chapter, please download the PDF below.

RELATED INSIGHTS​ 

March 31, 2026
Thailand’s Office of the Consumer Protection Board has opened a public hearing period on draft regulations governing the transfer of direct sales and direct marketing businesses. The draft Notification of the Direct Sales and Direct Marketing Committee: Criteria and Procedures for Business Transfer and Amendment of Registration for Direct Sales or Direct Marketing Businesses establishes a compliance-focused process with strict documentation requirements and timelines for transferring direct sales and direct marketing businesses. The proposed framework also defines the roles of transferors and transferees and establishes application procedures with the Office of the Consumer Protection Board. Applications may be submitted in person or electronically and will be examined to confirm they are complete, authentic, and compliant with legal requirements. This includes verification that: The transferee meets all required qualifications; No disqualifying factors apply; and The applicant is not subject to legal restrictions. The public hearing period is open until April 29, 2026. Direct sales and direct marketing business operators should prepare for these proposed requirements to ensure compliant implementation once the regulations are finalized.
March 30, 2026
On March 24, 2026, the Trade Competition Commission of Thailand (TCCT) published its long-anticipated Guidelines on Multi-Sided Platforms and E-Commerce Businesses in the Government Gazette, following the conclusion of a public hearing conducted last year. The guidelines entered into force on March 25, 2026, and significantly expand the application of Thai competition law to digital platform ecosystems. These rules introduce targeted restrictions on platform conduct, such as price-ranking algorithms and tying and bunding, that leverages network effects, and will have far-reaching implications across Thailand’s digital economy—affecting not only platform operators but also platform participants, including sellers, logistics providers, advertisers, and payment service providers operating on or alongside such platforms. The guidelines clarify how existing prohibitions under the Trade Competition Act B.E. 2560 (2017) (TCA)—including abuse of market dominance, cartel conduct, and unfair trade practices—apply in the context of platform-based business models. While many provisions reflect earlier draft guidelines, the final version delivers more precise definitions and clearer enforcement parameters, increasing regulatory certainty while also raising compliance expectations. Applicability The guidelines introduce core definitions that determine their coverage: Multi-sided platform: A platform that acts as an intermediary connecting two or more groups of users, enabling them to have direct interaction in order to exchange or rely on services from one another. Examples include digital platforms for trading goods or services (e-commerce), as defined below. Digital platform for trading goods or services (e-commerce): A platform that acts as an intermediary connecting the distribution, purchase, sale, or exchange of goods or services. This includes operations carried out to facilitate transactions or interactions between business operators through an electronic transaction system, regardless of whether a service fee is charged. Operator of a digital platform business for trading goods or services: A provider of digital platform services for trading goods or services, as described
March 27, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has publicly indicated that it is preparing a new regulatory framework for data center operators that may introduce foreign-ownership restrictions. In particular, the NBTC is considering reclassifying data center operations from a type 1 telecommunications business license to a type 3 license. If implemented, this change would subject data center operators to a significantly more stringent regulatory regime, especially in relation to foreign ownership and control. The NBTC has indicated that it intends to propose a draft framework to the NBTC board. This would be followed by a public hearing process, with a view to implementing the new rules within 2026. Under the Telecommunications Business Act B.E. 2544 (2001), as amended, telecommunications businesses operating under type 3 licenses are subject to foreign ownership restrictions, including a requirement that less than 50% of the total issued shares be held by foreign shareholders. In addition, type 3 licensees are subject to foreign dominance restrictions, which prohibit arrangements that allow foreigners to dominate the business. These foreign dominance restrictions are broad in scope and may capture various forms of direct and indirect control or influence. This includes circumstances in which a foreign national is able to influence or control the formulation of policy, management, or business operations, or the appointment of directors or senior executives. At this stage, the exact scope of the proposed rules remains unclear. Businesses with existing or planned data center operations in Thailand should therefore monitor upcoming NBTC developments in this regard and prepare for the expected public hearing process.
March 23, 2026
In March 2026, the Myanmar Investment Commission (MIC) introduced two regulatory updates affecting investors planning new investments or implementing MIC-approved projects. Minimum Investment Conditions for Tax Incentives MIC Notification No. 1/202 clarifies the minimum conditions for investments in promoted sectors to qualify for tax exemptions or relief under the Myanmar Investment Law. The notification establishes the following requirements: Investors must contribute at least 35% of the total investment amount in cash, as reflected in the relevant proposal or endorsement application. Where an investment involves a foreign loan, the investor must obtain approval from the Central Bank of Myanmar, together with a loan repayment schedule, and provide evidence that both the foreign loan proceeds and the capital contribution have been remitted in cash through an authorized dealer bank. Chinese Yuan Accepted for Investment Capital The MIC also issued Investment News Bulletin No. 1/2026, confirming that Chinese yuan (CNY) is now accepted as foreign investment capital for applications for MIC permits and endorsements, in addition to US dollars (USD). Investment funds contributed in CNY may be remitted through banks authorized to deal in foreign currency in CNY, following the same process currently applied to investments made in USD. These developments may affect how foreign investment capital is structured and remitted, as well as the availability of tax incentives for investments under the MIC framework.