Getting the Deal Through has published a guide to franchising in 30 jurisdictions worldwide. The Vietnam chapter was written by Thom Thi Mai Nguyen and Huong Thi Thanh Nguyen, attorneys-at-law at the Tilleke & Gibbins corporate and commercial team in Vietnam. The chapter covers the following topics:

• Overview: Forms of business entities, laws and agencies governing formation of business entities, requirements, restrictions on foreign business entities and foreign investment, taxation, labor and employment considerations, trademarks and know-how, and real estate.
• Laws and Agencies that Regulate the Offer and Sale of Franchises: Requirements, exemptions and exclusions from franchise laws and regulations, disclosure, required information for disclosure documents, obligations for continuing disclosure, enforcement, relief, liability, and fraudulent franchisors.
• Legal Restrictions on the Terms of Franchise Contracts and the Relationship Between Parties in a Franchise Relationship: Laws regulating and affecting the relationship between franchisor and franchisee, effects of government and trade association policies, terminating a franchise relationship, refusing to renew the franchise agreement, transferring a franchise, interest on overdue payments, restrictions on paying a foreign franchisor in the franchisor’s domestic currency, enforceability of confidentiality covenants, good faith, language of disclosure documents and franchise agreements, restrictions on provisions in franchise contracts, competition law, and available dispute resolution procedures.

This edition of Getting the Deal Through – Franchise is one volume in a series of annual reports, aimed at providing corporate counsel and legal practitioners with analysis of key legal topics around the globe.

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Franchise 2014 (published in August 2013; contributing editor: Philip F Zeidman of DLA Piper (US) LLP). For further information, please visit www.GettingTheDealThrough.com.