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05 criteria to check economic needs when opening retail establishments of foreign-invested enterprises

Decree 09/2018/ND-CP stipulates 05 economic needs test (ENT) criteria when licensing the establishment of retail establishments other than the first retail establishment for foreign-invested enterprises in Vietnam as follows:

The size of the geographic market area affected by the retail establishment;

Number of retail establishments operating in the geographic market area;

  • The impact of retail establishments on market stability and business activities of retail establishments and traditional markets in the geographical market area;
  • The impact of retail establishments on traffic density, environmental sanitation, and fire prevention in the geographical market area;
  • The ability of retail establishments to contribute to the socio-economic development of the geographical market area.

Enterprises establishing retail establishments in addition to the first retail establishment must carry out ENT unless the establishment has an area of ​​less than 500 m2, is established in a shopping center and is not a convenience store or mini supermarket.

Decree 09/2018/ND-CP takes effect from January 15, 2018 and replaces Decree 23/2007/ND-CP dated February 12, 2007.