Mini supermarkets are now becoming a popular choice in the business sector, attracting the interest of many individuals and organizations. However, not everyone knows clearly about the procedures and conditions required to establish a company or business household to establish start a mini supermarket. Below is a presentation of the specific conditions and procedures to establish a mini supermarket in accordance with the provisions of law.

1. Legal basis

• Civil Code 2015.
• Law on Enterprises 2014.
• Decree 78/2015/ND-CP on business registration.
• Relevant Decrees and Circulars.

2. What is a mini supermarket?

According to Article 3, Clause 11 of Decree 09/2018/ND-CP, a mini supermarket is defined as a retail establishment with an area of ​​less than 500m2 and is classified as a general supermarket according to the provisions of law.

* Conditions for start a mini supermarket:

• Being an enterprise or a business household with a suitable business line.

To be able to operate a mini supermarket, you must be a business household or an enterprise according to the provisions of the Law on Enterprises 2014 such as:

• Private enterprise,
• Single-member LLC,
• Two-member LLC.

3. Procedures for start a mini supermarket

Step 1: Prepare documents and register at the Department of Planning and Investment

The documents for establishing a mini supermarket include many important parts:

– Application for business registration.

– Company charter.

– List of members or shareholders of the company
– Copies of personal documents of members or shareholders, including citizen identification cards, identity cards, passports or other legal documents.

– Copies of documents proving business registration, business registration certificates or equivalent documents if it is an organization.

– Other necessary documents (if any).

– Power of attorney for Viet My Law and Accounting Company

After the documents are submitted to the Department of Planning and Investment, within 03 working days, if the documents are complete and valid, the business registration certificate will be issued.

Step 2: Public announcement of business registration information

After receiving the business registration certificate, the enterprise must announce the information on the National Business Registration Information Portal within 30 days. This announcement includes the contents of the business registration certificate, business lines and list of founding shareholders.

Note: According to the provisions of Article 26, Clause 1 of Decree 50/2016/ND-CP, failure to announce or late announcement of business registration contents on the National Business Registration Information Portal may result in a fine of VND 1,000,000 to VND 2,000,000.

Step 3: Make a seal and announce the seal sample

The enterprise has the right to decide on the form, quantity and content of the seal. It can authorize Viet An Law Firm or make the seal itself and announce the seal sample to the Department of Planning and Investment.

After receiving the notification of the seal sample, the Business Registration Office will issue a receipt to the enterprise, post the enterprise’s notification on the National Business Registration Information Portal and issue a notice of posting information about the seal sample to the enterprise.

4. What must be included in the licensing dossier for the location of a mini-supermarket?

The location of a mini-supermarket, as prescribed in Clause 2, Article 27 of Decree 09/2018/ND-CP, in the licensing dossier, must contain the important information specified in Point a, Clause 2, Article 27 of Decree 09/2018/ND-CP as follows:

Documents for granting a License to establish a retail establishment

The dossier includes:

1. Application for a License to establish a retail establishment (Form No. 04 in the Appendix issued with this Decree).

2. Explanation with the following contents:

a) Location of the retail establishment: Address of the retail establishment; description of the common area, related areas and areas used to establish the retail establishment; explanation of meeting the conditions specified in Point c, Clause 1, Article 22 of this Decree; with documents on the location of the retail establishment;

b) Business plan at the retail establishment: Presentation of the business plan and market development; labor demand; assessment of the economic and social impact and efficiency of the business plan;

c) Financial plan for the establishment of the retail establishment: Report on business performance based on the audited financial statements of the most recent year in case of establishment in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plan; with financial documents attached.

3. Documents from the tax authority proving that there are no overdue tax debts.

4. Copies of: Certificate of business registration, Certificate of investment registration for the project to establish a retail establishment (if any), Business license.

5. Explanation of the ENT criteria specified in points c, d and dd, Clause 2, Article 23 of this Decree, in case ENT must be performed.

5. What does a mini-supermarket establishment license include?

Start a mini supermarket license includes important contents specified in Point a, Clause 2, Article 27 of Decree 09/2018/ND-CP as follows:

Content and duration of the retail establishment license

1. Contents of the retail establishment license (Form No. 12 in the Appendix issued with this Decree)

a) Name, enterprise code, head office address;

b) Name and address of the retail establishment;

c) Type of retail establishment;

d) Scale of retail establishment;

e) Other contents;

e) Duration of the retail establishment license,

2. Duration of the retail establishment license

a) The retail establishment license has a duration corresponding to the remaining duration on the Investment Registration Certificate for the project to establish a retail establishment. In case there is no Investment Registration Certificate, the term of the License to establish a retail establishment corresponds to the term stated in the document on the location of the retail establishment;

b) The term of the re-issued License to establish a retail establishment is equal to the remaining term of the issued License to establish a retail establishment;

c) The term of the extended License to establish a retail establishment shall be implemented in accordance with the provisions at Point a of this Clause.

6. In what cases is the mini-supermarket establishment license revoked?

According to Article 43, Clause 2 of Decree 09/2018/ND-CP, the mini-supermarket establishment license may be revoked in the following cases:

• The Investment Registration Certificate or equivalent legal documents of the mini-supermarket establishment project, the Business License is revoked.
• The content declared in the application for issuance, re-issuance, adjustment, and extension of the Mini-Supermarket Establishment License is determined to be fake.
• After 12 months from the date of issuance of the License, the foreign-invested economic organization does not have an Investment Registration Certificate for cases that require it but do not report to the Licensing Authority.
• After 24 months from the date of issuance of the License, the foreign-invested economic organization does not have an Investment Registration Certificate for cases that require it.
• Stop retail operations at mini-supermarkets for more than 12 months without reporting to the Licensing Authority.
• Not performing the periodic reporting regime as prescribed in Point a, Clause 1, Article 40 of this Decree for 24 consecutive months.
• Not submitting reports, documents, and explanations as prescribed in Point b, Clause 1, Article 40 of this Decree after 03 months from the date of expiration of the request.

Above is useful information about start a mini supermarket that we have shared. Hopefully, you will be able to carry out the procedures for opening mini-supermarkets quickly and effectively. Contact VIET MY LAW AND ACCOUNTING immediately for completely free support!