1. Legal basis:

Investment Law 2020

Enterprise Law 2020

2. Consulting lawyer:

1. What is a sublicense?

Currently, the term "Sublicense" is not specifically regulated/defined by law. This is a pharmaceutical term commonly used in the corporate sector.

When businesses carry out business establishment procedures according to the provisions of law, businesses will have to register business lines that are not prohibited by law. However, in business sectors, there are conditional sectors, these sectors require businesses to meet the prescribed conditions in order to operate in that sector. To legalize those conditional business lines, the competent state agency will issue a license certifying that the business meets the conditions to do business in that line of business - often referred to as a "sub-license". . According to the provisions of Clause 1, Article 7 of the Law on Investment 2020, conditional business investment industries and occupations are industries and occupations in which the implementation of business investment activities in that industry or occupation must meet necessary conditions because reasons for national defense, national security, social order and safety, social ethics, and community health.

Thus, "Sublicense" is understood as a legal document issued to individuals and organizations to certify that they are qualified to do business in one or several conditional industries and occupations. Sublicenses play an important role for businesses because they ensure legality, business operating conditions, and permission from competent authorities when businesses conduct business in regulated industries. to sue. Sublicenses often have a specific expiration date. When the term expires, the business must apply to extend the sublicense or apply for a new one if it wants to continue doing business in that line of business.

However, in the process of applying for a sublicense, businesses also encounter many difficulties such as:

Firstly: Enterprises really still do not fully understand the provisions of the law on conditions for applying for sublicenses. Specifically, according to regulations, depending on the type of Sublicense, there will be different conditions. In order to be granted sub-licenses, businesses must meet many conditions, not just one condition. For example: To issue a Certificate of eligibility for drug business, the enterprise must meet the conditions of personnel, qualifications, facilities, and even to apply for this sub-license, it must have many licenses. other child permission..,

Second: businesses do not fully understand the procedures for applying for sublicenses: for businesses, this is difficult because in addition to specialized laws, there are also Decree, Circulars, and Official Dispatches providing detailed instructions. To fully understand and understand the provisions of law, this is really difficult for businesses, especially when they have to re-systematize the provisions of law.

Third: one of the most worrying difficulties is the difficulty from legal documents. Because waiting for legal documents regulating procedures for too long causes difficulties for businesses. For example, a procedural process is replacing an old procedural process, while waiting for guiding circulars and documents. Specific instructions must take at least 6 months. During this period, businesses are required to temporarily suspend business operations and wait until there are official instructions to be allowed to apply for a license. As for businesses that have already been licensed, in some cases they have to apply for a license again because they have to meet new conditions.

In fact, there are many cases where businesses have had to stop their business operations due to one of the above difficulties.

2. Form of Sublicense

According to Clause 6, Article 7 of the Investment Law 2020, sublicenses will be issued in the following forms:

- License;

- Certificate;

- Certificate;

- Document of confirmation and approval;

- Other requirements that individuals and economic organizations must meet to carry out business investment activities without requiring written confirmation from a competent authority.

3. When does a business have to apply for a Sublicense?

Pursuant to the provisions of Clause 1, Article 8 of the Law on Enterprises 2020, enterprises are obliged to meet all business investment conditions when conducting business in conditional business investment sectors. Also according to the provisions of Clause 2, Article 89 of Decree 01/2021/ND-CP, business households are entitled to conduct business in conditional business investment lines from the time they meet the conditions prescribed by law and must ensure that these conditions are met throughout the operation.

Thus, individuals and organizations (business households, enterprises, cooperatives) when registering to conduct conditional business lines must apply for a sublicense of that industry or line. In case the license expires, an extension or a new sublicense must be issued.

4. Some types of current sublicenses

Conditions for business lines will be detailed in legal documents issued by the National Assembly, the National Assembly Standing Committee, and the Government. Depending on each business line, the law will prescribe a separate type of license. Some popular types of sublicenses today include:

5. Documents and procedures for applying for a child license

Based on the regulations for each type of conditional industry or profession, individuals and organizations prepare documents and submit them to the competent authority to apply for a sublicense for that industry or profession. Some documents commonly required when applying for a child license include:

- Document requesting a business license.

- Information of the head of the enterprise.

- Certificate of participation in professional training course for business leaders.

- Referral.

- List of members of the enterprise.

- Other documents as prescribed.

- Business registration certificate

- Business operation plan

6. Example of procedures for applying for an international travel service business license

File:

Procedure:

- Enterprises applying for an international travel service business license submit their application to the Vietnam National Administration of Tourism.
 - Within 10 days from the date of receiving the valid dossier, the General Department of Tourism shall appraise and issue an international travel service business license to the enterprise and notify the Department of Tourism/Department of Culture and Sports. Sports and Tourism where the business is headquartered; In case of refusal, it must be notified in writing and clearly state the reason.

Requirements and conditions:

* Requirements and conditions for implementing administrative procedures *:

(1) Is an enterprise established according to the provisions of law on enterprises;

(2) Deposit for international travel services business at commercial banks, cooperative banks or foreign bank branches established and operating in Vietnam:

- Travel service business for international tourists coming to Vietnam: 50,000,000 (Fifty million VND);

- Travel service business for tourists going abroad: 100,000,000 (one hundred million) VND;

- Travel service business for international tourists coming to Vietnam and tourists going abroad: 100,000,000 (one hundred million) VND. (

3) The person in charge of travel service business must have graduated from college or higher with a major in travel; If you graduate from college or higher in another major, you must have a professional certificate in international tourism operations.

- The person in charge of travel service business is the person holding one of the following positions: chairman of the board of directors; Chairman of the Board of Members; company president; private business owners; general manager; director or deputy director; Head of travel services business.

- Travel major is shown on the diploma of one of the following fields, professions, and majors:

a, Tourism and travel service management;

b, Travel management;

c, Tour operator;

d, Tourism Marketing;

d, Tourism;

e, Travel tourism;

g, Tourism management and business.

h) MICE tourism management;

i) Travel agency;

k) Travel guide;

l) Industry, profession or major that includes one of the phrases "tourism", "travel", "tour guide" trained by educational institutions in Vietnam and issued diplomas before the Circular 13/2019/TT-BVHTTDL takes effect

m) Industry, profession, or specialty that represents one of the phrases "tourism", "travel", "tour guide" trained and awarded diplomas by foreign training establishments.

In case the diploma does not show the majors, occupations, or majors specified in points l and m, then supplement the graduation transcript or diploma appendix showing the majors, occupations, and majors, including one of the following: the phrases “travel”, “travel”, “travel guide”.