The Decree 7/2016/nd-Cp: Commercial Law Details Rules Of Representative Offices, Branches Of Foreign Traders In Vietnam

Original Language Title: Nghị định 07/2016/NĐ-CP: Quy định chi tiết Luật Thương mại về Văn phòng đại diện, Chi nhánh của thương nhân nước ngoài tại Việt Nam

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THE GOVERNMENT.
Number: 07 /2016/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 25, 2016

DECREE

Q Define the Law of Commerce on the Office of the Representative,

The branch of foreign traders in Vietnam

____________________________

Government Law Base June 19, 2015;

The Commercial Law Base June 14, 2005;

The base of Parliament. U Number 71 /2006/QH 11 November 29, 2006 of the National Assembly ratits the Protocol to the Agreement establishing the World Trade Organization (WTO) of the Socialist Republic of Vietnam;

At the suggestion of the Minister of Commerce,

The government issued a decree regulating the Trade Laws of the Office of representatives, the branch of foreign traders in Vietnam.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree regulates the implementation of the Trade Act on the establishment, operation, rights and obligations of the Office of the Representative Office, the Branch of Foreign Trade in Vietnam.

2. The case of the establishment of the Office of representatives, the branch of the foreign trader operating in the disciplines prescribed in the legal text of the law of specialization is carried out by the provisions of the law of the law.

What? 2. Subject applies

1. This decree applies to foreign traders, Representative Office, Branch of Foreign Trade in Vietnam.

2. The representative office, the branch of the foreign investment organization which has established foreign investment in Vietnam, is not subject to the applicable subject of this decree.

What? 3. The right to establish the Office of Representative, Branch of Foreign Trade in Vietnam

1. Foreign merchants established the Office of Representative, Branch of its own in Vietnam by the commitment of Vietnam to the international treaties in which Vietnam is a member.

2. A foreign trader is not established more than a representative office or Branch has the same name within a province, the Central City of China.

What? 4. The obligation of foreign traders to the operation of Representative Office, Branch Office

Foreign traders must be held accountable to the Vietnamese law on the entire operation of the Office of the Representative Office, its branch in Vietnam.

What? 5. Authoritentic authorization to establish the Office of Representative

1. The Department of Commerce of the Provinces, the Central City Central City where traders are expected to place offices outside of the industrial zone, the manufacturing district, the economic zone, the high-tech sector that performs the granting, granting, adjust, renew, revoking the license. The Office of the Representative Office and the termination of the Office of the Representative Office in the event of the establishment of the Office of the Representative are not yet regulated in the legal text of the law.

2. Industrial area management, manufacturing district, economic zone, high tech sector (later known as the Board of Management) perform the granting, granting, adjusting, extension, revoking the license to establish the Office representing the Office of Representative Office and termination of the Office of the Representative Office. based in the industrial zone, the manufacturing sector, the economic zone, the high-tech sector in the event of the establishment of the unregulated representative office in the legal text of the law of specialization.

What? 6. Authoritentic authorization to form the Branch

The Ministry of Industry performs the granting, granting, adjusting, extension, revoking the license to form the Branch and termination of the Branch's operation in the event of the establishment of the unregulated Branch in the legal legal process.

Chapter II

THE REGULATION OF THE GRANTING, LEVEL, ADJUSTMENT, EXTENSION OF THE LICENSE TO THE REPRESENTATIVE OFFICE, THE LICENSE TO ESTABLISH BRANCH.

What? 7. License to establish a Representative Office

Foreign traders are granted a license to establish a Representative Office when responding to the following conditions:

1. Foreign traders are established, registered business pursuits to the regulation of national law, the territories that participate in the international convention that Vietnam is a member or the law of states, the territory recognized;

2. Foreign merchants have been operating for at least 01 years, since the date established or registered;

3. In the case of a business register or a document with the equivalent value of a foreign trader that rules the operating deadline then the deadline must be at least 01 years from the filing date;

4. The operational content of the Office of Representative must conform to the commitment of Vietnam in the international treaties that Vietnam is a member;

5. The case of the active content of the Office of the Representative Office is not consistent with the commitment of Vietnam or non-national foreign trader, the territory that joins the international treaty that Vietnam is a member, the establishment of the Office of Representative Office. approved by the Minister, the Chief Minister of the Ministry of Professional Management (later known as the Minister of Professional Management).

What? 8. License to form the Branch

Foreign traders are granted the license to establish the Branch when responding to the following conditions:

1. Foreign traders are established, registered business pursuits to the regulation of national law, the territories that participate in the International Treaty that Vietnam is a member or the law of states, the territory recognized;

2. Foreign traders have been operating for at least 05 years, since the date established or registered;

3. In the case of a business register or a document with the equivalent value of a foreign trader that rules the operating deadline then the deadline must be at least 01 years from the filing date;

4. The operating content of the Branch must be consistent with the commitment to open the market of Vietnam in the international treaties that Vietnam is a member and in line with the business profession of foreign merchants;

5. The branch ' s operating content case does not conform to the commitment of Vietnam or non-national foreign trader, the territory that joins the international treaty that Vietnam is a member, the establishment of the Branch must be approved by the government. of the Minister of Professional Management.

What? 9. The license deadline for the establishment of the Representative Office, the license to form the Branch

1. The license to establish the Office of Representative Office, the license to establish the Branch of the Foreign trader at a time of five years but does not exceed the remaining deadline of the Business Registration or the equivalent of the equivalent value of foreign traders in the country. You know, the circumstances of that paper have a statute of limitations.

2. The deadline of the License to establish a representative Office, the Subsidiary Establishment Permit is granted by the deadline of the license that was granted earlier.

3. The duration of the license to establish the Office of the Representative Office, the Subsidiary Founding Permit is renewed as stipulated at Clause 1 Article.

What? 10. Profile of the Office of the Representative Office.

1. 01-order records include:

a) The application to grant a license to establish the Office of the Representative of the Ministry of Commerce by the competent representative of the foreign trader;

b) The copy of the Business Registration or Paper with the equivalent value of foreign merchants;

c) The text of the foreign trader/appointment of the head of the Office of Representative Office;

d) The copy of the financial statements that have audits or documents confirm the situation that performs tax or financial obligations in the nearest fiscal year or the paper has the same value as the agency, the organization has the authority where foreign traders form a level. or confirm, demonstrate the existence and activities of foreign traders in the last fiscal year;

A copy of the passport or certificate of citizenship or citizen ID (if being Vietnamese) or a passport copy (if being foreign) of the head of the Office of the Representative Office;

e) The documentation of the expected site of the Office of the Representative Office included:

-A memorandum of memory or a location lease agreement or a copy of the document that proves the trader has the right to exploit, using the location to set the Office of the Representative Office;

-The documentation of the site is expected to place the Office of the Representative Office under the stipulation at Article 28 of this decree and the laws of the relevant law.

2. The specified document at point b, Point c, d Point and Point (for the case of a passport copy of the head of the Office of the Office representing the Foreign Office) Clause 1 This must translate into Vietnamese and corroborate the provisions of Vietnamese law. The document stipulated at the point b 1 This must be committed by the diplomatic representative body, the consul agency of Vietnam abroad certification or legalization under the regulation of Vietnamese law.

What? 11. sequencing, the license to license the Office of Representative Office

1. Foreign traders file either directly or via post or online postal or online (if eligible applicable) to the License Level Authority where the Office represents a representative office.

2. In the 3-day period of work since the date of receiving the file, the Agency granted the checklist and the additional requirements if the profile is incomplete, valid. The request for the addition of the profile is performed maximum once during the process of the filing.

3. Except for the specified case at Clause 4 This, for a 7-day period of work since the date of the receiving of valid records, the Agency issued a Level License or not granting a license to establish the Office representing foreign traders. The case of refusal to license must have a text stating the reason.

4. The case stipulated at Section 5 Article 7 This decree and the case of the establishment of the Office of unregulated representation at the specialized law of law, the Department of Licensee sent text to the Ministry of Professional Management in the time. 3 days of work since the date of a valid filing. During the 5-day period of work, since the date of receiving an opinion of the Office of Licensee, the Ministry of Professional Management has a written statement stating that the opinion is agreed to or does not agree to grant permission to establish the Office of Representative. For a period of 5 working days, since the date of receiving the opinion of the Ministry of Professional Management, the Agency issued a Level License or not granting a license to establish the Office representing foreign traders. The unlicensed case must have a text stating the reason.

What? 12. Profile of the license to form the Branch

1. 01-order records include:

a) The application to grant a license to establish a Branch in the Form of the Ministry of Commerce due to the competent representative of the foreign trader;

b) The copy of the Business Registration or Paper with the equivalent value of foreign merchants;

c) The text of the foreign trader/appointment of the head of the Branch;

d) The copy of the financial statements that have audits or documents confirm the situation that performs tax or financial obligations in the nearest fiscal year or the paper has the same value as the agency, the organization has the authority where foreign traders form a level. or confirm, demonstrate the existence and activities of foreign traders in the last fiscal year;

The copy of the Branch operation;

e) A passport copy or citizen ID or citizen ID card (if being Vietnamese) or a passport copy (if being foreign) of the head of the Branch;

g) The documentation of the expected site to the headquarters of the Branch includes:

-A memorandum of memory or a location lease agreement or a copy of the document that proves the trader has the right to exploit, using the location to set the Branch headquarters;

-A document copy of the site is expected to be based in accordance with the provisions of Article 28 of this decree and the laws of the relevant law.

2. Document stipulation at point b, Point c, Point, Point, and Point (for the case of a passport copy of the head of the Branch as foreigners) Clause 1 This must translate into Vietnamese and corroborate the provisions of Vietnamese law. The document stipulated at the point b 1 This must be committed by the diplomatic representative body, the consul agency of Vietnam abroad certification or legalization under the regulation of Vietnamese law.

What? 13. The procedure, the Licensing Procedure to form the Branch

1. Foreign traders file either directly or via post or online postal or online (if eligible applicable) to the Licensee Authority.

2. In the 3-day period of work, since the date of receiving the file, the Agency grants the inspection and the additional requirements if the profile is incomplete, valid. The request for the addition of the profile is performed maximum once during the process of the filing.

3. Except for the specified case at paragraph 4 This Article, for a period of 7 working days, since the date of a valid date of being eligible, the Agency issued a Level License or not granting a license to establish a branch for foreign traders. The case of refusal to license must have a text stating the reason.

4. The specified case at Article 5 Article 8 This decree and the case of the establishment of the unregulated Branch at the specialized law of law-specific law, the Office of the license to submit the document to the Ministry of Professional Management in the 3-day period work since the date of receiving valid files. During the 5-day period of work since the date of receiving the text of the License Authority, the Ministry of Professional Management has the text stating the opinion of consent or not agreeing to grant the establishment of the Branch. During the 5-day period of work since the date of receiving the text of the Ministry of Professional Management, the Agency issued a Level License or not granting a license to establish a branch for foreign traders. The unlicensed case must have a text stating the reason.

What? 14. The absence of a license to establish the Office representing the Representative Office, the Branch established the Branch

The licensing authority does not grant a license to establish a representative office, a permit to establish a branch for foreign traders in the following circumstances:

1. Does not meet one of the stipulated conditions at Article 7 for the case of a license to grant a permit to establish a representative office or not meet one of the stipulated conditions at Article 8 for the case of the proposed license establishment. Branch.

2. Foreign traders offer to grant a license to establish the Office of Representative Office, the Branch Establishment Permit in the 02-year period, since the date of the revoked license of the Representative Office, the license to establish the Branch Office in Vietnam in accordance with regulations. Article 44 of this decree.

3. The establishment of the Office of Representative, Branch is restricted under the rule of law for defense reasons, national security, order, social security, social ethics and public health.

4. Other cases by the rule of law.

What? 15. The cases regulating the license to establish the Office representing the Office, the Branch established the Branch

Foreign traders must formulate the license to establish a Representative Office, a permit to establish the Branch in the following circumstances:

1. Change the name or address of the headquarters of the foreign trader.

2. Change of the active content of foreign traders is directly related to the operating content of the Branch in Vietnam.

3. Change the head of the Representative Office, Branch.

4. Change the name of the Representative Office, Branch.

5. Change the active content of the Office of Representative Office, Branch.

6. Change the address of the office of the representative office in a province, the central city of the Central or in the geographical area of the management range of a Management Board.

7. Change the headquarters of the Branch headquarters.

What? 16. A permit to adjust the license to establish the Office representing the Branch Office, the Branch to form the Branch

1. 01-order records include:

a) The petition to regulate the license to establish the Office of the Representative Office, the license to establish the Branch in the Form of the Ministry of Commerce due to the competent representative of the foreign trader;

b) The documentation for the content of change, namely:

-The case regulates the prescribed license at 1 Article 15 This decree: A copy of the legal document provided by the competent authority to demonstrate a change in the name or address of the headquarters of the foreign trader.

-The case of regulation of the license stipulated at paragraph 2 Article 15 This decree: A copy of the legal document provided by the competent authority to demonstrate a change in the functioning content of foreign traders.

-The case of regulation of the Regulation License at paragraph 3 Article 15 This decree: The text of the foreign trader/appointment of the new head of the Office of the Representative Office, Branch; passport copy or identity certificate or citizen ID card (if being Vietnamese) or a passport copy (if being foreign) of the new head of the Office of the Representative/Branch Office; the paper proves the former head of the Office of Representative Office, the Branch that implemented the personal income tax obligation to the time. Change points.

-The case that regulates the Regulation License at paragraph 6 and paragraph 7 Article 15 This Agreement: A copy of the memorandum of memory or a location lease agreement or a copy of the document that proves the trader has the right to exploit, using the location to place the office headquarters. The Office of the Office of Representative Office, Branch Office of the Office for the Office of Representative Office, Branch of the Office for the Office of Representative Office of the Office of Representative Office of the Office of Representative Office of the Office of Representative Office, Branch of the Office for the Office of the Representative Office,

c) The license itself established the Office of Representative, Branch.

2. The documents demonstrate the changes in paragraph 1, Clause 2 and Clause 3 (for the text case of the foreign trader/appointment of the new head of the Office of the Representative, Branch in Foreign Language and the passport copy of the standing person). It must translate into Vietnamese and testify as defined by Vietnamese law. The documents demonstrate the change in Clause 1, Clause 2 Article 15 of which must be given diplomatic representation, the consul agency of Vietnam abroad certification or legalization under the provisions of Vietnamese law.

What? 17. The procedure, the procedure to adjust the license to the Office of the Representative Office, the license to form the Branch

1. In the 60-day period of work since the date of the change stipulated at Article 15 of this Decree, foreign traders must formulate the license to establish a permit to establish a representative office, the license to establish a branch.

2. Foreign traders file either directly or via post or online postal or online (if eligible applicable) to the Licensee Authority.

3. In the 3-day period of work since the date of receiving the file, the body grants the checkup and the additional request if the profile is incomplete, valid. The request for the addition of the profile is performed maximum once during the process of the filing.

4. Except for the specified case at paragraph 5 This Article, for a 5-day period of work since the date of the receiving of valid records, the body granting the license to adjust or do not adjust the license to establish a representative Office, the License established the Branch. The non-correction case must have a text stating the reason.

5. The case of regulating the operating content of the Office of the Representative Office, the Branch leads to the Representative Office of the specified case at paragraph 5 Articles 7 and Branch of the specified case at paragraph 5 Article 8 This decree and the case of treatment. corrects the operating content of the representative Office, the unregulated branch at the specialized law of law, the Office of the License to send a document to the Ministry of Professional Management in a 3-day period of work since the date of receiving enough records. valid. During the 5-day period of work since the date of receiving the text of the License Authority, the Ministry of Professional Management has the text stating the opinion of consent or disagreeing to regulate the license to establish the Representative Office, the License established the Branch. During the 5-day period of work since the date of receiving the opinion of the Ministry of Professional Management, the Agency for the License to regulate or do not regulate the License to establish a representative Office, the license to establish the Branch for foreign merchants. The non-correction case must have a text stating the reason.

What? 18. The cases of granting a license to the Office of the Representative Office, the license to establish the Branch

Foreign merchants made the procedure of granting a license to the Office of the Representative Office, the license to establish the Branch in the following circumstances:

1. Transfer the location of the headquarters of the Representative Office from a province, the Central City of Central, or the geographic area of a management range of a Management Board to a province, other Central City or the geographical area of the area of management. of another Board of Management.

2. The license to establish a representative office, the license to establish the Lost Branch, is ruined, damaged or destroyed in all forms.

What? 19. Issued Records Permit to establish the Office representing the Representative Office, the Branch of the Branch

1. The reissued case pursues to Clause 1 Article 18 This decree, a 1-order record includes:

a) The proposed grant of the License to the Office of the Office of the Office representing the Ministry of Commerce provided by the competent representative of the foreign trader;

b) The announcement of the termination of the Office of the Representative Office to be sent by the Department of License to be transferred under the provisions of Article 1 Article 36 of this decree;

c) The copy of the license to establish the Office of the Representative was granted;

d) The documentation of the planned location is the Office of the Representative Office where the transfer is to be defined at the Point of Article 1 Article 10 This decree.

2. The reissued case under the provisions at Clause 2 Article 18 of this decree, a 1-order record includes: The application to grant the license to the Office of the Representative Office, the license to establish the Branch Office according to the Ministry of Commerce under the jurisdiction of the trader. Foreign sign.

What? 20. The procedure, the procedure of granting a license to the Office of the Representative Office, the license to form the Branch

1. Foreign traders perform the procedure of granting a license to the Office representing the Representative Office for the specified case at Clause 1 Article 18 of this decree in the 30-day period since the date of the announcement of the termination of the Representative Office operation. Move it. On the other hand, foreign traders must carry out the procedure of granting a license to form the Office of Representatives by regulation at Article 10 and Article 11 of this decree.

2. Foreign traders file either directly or via post or online postal or online (if eligible applicable) to the Licensee Authority.

3. In the 3-day period of work since the date of receiving the file, the Agency grants the inspection and the additional requirements if the profile is incomplete, valid. The request for the addition of the profile is performed maximum once during the process of the filing.

4. During the 5-day period of work since the date of the receiving of valid records, the License issued the License to the Office of the Representative Office, the license to establish the Branch. The non-level case must have a text stating the reason.

What? 21. The cases renew the license to establish the Office representing the Office of the Representative Office.

Foreign merchants were to renew the license to establish the Office of the Representative Office, the License to establish the Branch when the expiration of the statute of limitations expires in the License, except for the case of violation of cases of cases revoked by the Office of the Representative Office. The license established the Branch by provisions at Article 44 of this decree.

What? 22. renew the license to establish the Office representing the Representative Office, the Branch established Branch

1. 01-order records include:

a) The proposed extension of the License to the Office of the Representative Office, the license to establish the Branch in the Form of the Ministry of Commerce due to the competent representative of the foreign trader;

b) The copy of the Business Registration or Paper with the equivalent value of foreign merchants;

c) The copy of the financial reporting that has audits or text confirmation of the situation that performs tax obligations or finance in the nearest fiscal year or the paper has equivalent value due to the agency, the organization has the authority where foreign traders establish a grant. or confirm, demonstrate the existence and activities of foreign traders in the last fiscal year;

d) The copy of the license to establish the Office representing the Representative Office, the Branch Establishment Permit has been granted.

2. The specified document at the point b 1 This must translate into the Vietnamese language and be given diplomatic representation, Vietnam ' s consumagency agency abroad certification or legalization of consugrights under the regulation of Vietnamese law. The document stipulated at the site of Article 1 This must translate into Vietnamese and corroborate the Vietnamese law.

What? 23. The procedure, the procedure to renew the license to establish the Office of the Representative, the License to form the Branch

1. A permit extension of the license to establish the Office of the Representative, the Branch permission License must be filed for at least 30 days prior to the expiration of the license.

2. Foreign traders file either directly or via post or online postal or online (if eligible applicable) to the Licensee Authority.

3. In the 3-day period of work since the date of receiving the file, the Agency grants the inspection and the additional requirements if the profile is incomplete, valid. The request for the addition of the profile is performed maximum once during the process of the filing.

4. During the 5-day period of work since the date of the receiving of valid records, the Licensee Authority extension the license to establish the Office of the Representative, the License established the Branch. The non-renew case must have a text stating the reason.

5. The case of the extension of the license to establish the Office of the Representative Office, the Governing Branch of the Branch has not been regulated at the specialized law of law, the Office of the License to submit the document to the Ministry of Professional Management in the period of 3. The date of work since the date of receiving valid files. During the 5-day period of work since the date of receiving the text of the License Authority, the Ministry of Professional Management has a written statement stating that the opinion is agreed or does not agree to renew the license to establish the Office representing the Representative Office, the License established the Branch. During the 5-day period of work since the date of receiving an opinion by the Ministry of Professional Management, the License to renew or not renew the license to establish the Office of the Representative Office, the license to establish the Branch for Foreign Trade. The non-renew case must have a text stating the reason.

What? 24. Send and store License

1. The license to establish a representative office is responsible for sending a copy of the License to: Ministry of Commerce, Ministry of Professional Management (if relevant), the tax authority, the statistical agency, the provincial security agency where the Office of the Representative is based.

2. The Agency for the Establishment Branch is responsible for sending a copy of the License to: Ministry of specialized management (if relevant), tax authority, statistical agency, provincial security agency, Department of Commerce where the Branch is based or the Board of Management (in the following) The branch is headquartered in the industrial zone, the manufacturing sector, the economic zone, the high-tech sector.

What? 25. Annuits Information About Representative Office, Branch

In the 15-day period from the date of the grant, the grant, the adjustment, the extension and revoking the license to the Office of the Representative Office, the license to form the Branch, the License Authority is responsible for publication on its electronic information pages of the following content:

1. Name, address of the Office of the Representative Office, Branch;

2. Name, address of the foreign trader;

3. The head of the Office of the Representative, Branch;

4. Number, date, deadline, duration of the license to establish the Office representing the Office of the Representative Office, the Branch Establishment Permit, the Licensee Authority;

5. The operating content of the Office of Representative Office, Branch;

6. regroup date, adjust, renew and revoking the license to establish the Office representing the Office of the Representative, Executive Order of the Branch.

What? 26. Level fee, reissue, adjustment, extension of the license to establish Representative Office, Branch Office

The Ministry of Finance rules on the fee of the grant, the grant, the adjustment, extension of the License to the Office of the Representative Office, the license to establish the Branch.

Chapter III

ACTIVITIES, RIGHTS AND OBLIGATIONS OF THE REPRESENTATIVE OFFICE, BRANCH

What? 27. Office of the Office of Representative Office, Branch

1. The Ministry of Management and personnel of the Office of the Representative Office, the Branch due to the foreign trader decision.

2. The use of foreign workers to work in the Office of the Representative, the Branch must follow the law of labour law and conform to the commitment of Vietnam to the international treaties in which Vietnam is a member.

What? 28. Headquarters of the Representative Office, Branch

1. The location of the Office of the Office of representatives, the branch of foreign traders must conform to the regulation of Vietnamese law on the conditions of security, order, security of labor and other conditions under the rule of law.

2. The representative office, the Branch is not on loan, rehiring the headquarters.

What? 29. Representative Office Name, Branch

1. Name of the Office representing, the Branch must be written in letters in the alphabet of the Vietnamese alphabet, the letters F, J, Z, W, digits and the symbols.

2. Name of the Office representing, the Branch must bear the name of the foreign trader accompanied by the phrase "Representative Office" for the Office of the Representative and the phrase "Branch" to the Branch.

3. Name of the Office representing, the Branch must be written or attached at the representative office headquarters, Branch. The name of the Office represents, the branch is printed or written with a smaller scale than foreign trader names on transaction papers, document records, and publications issued by the Office of the Representative, Branch of the Branch.

What? 30. Office of the Office of Representative Office

The representative office performs a liaison office function, which seeks to understand the market, promotion of the business investment opportunity of the trader that he represents, does not include the service sector where the establishment of the Office of the Representative in that field is regulated. at the legal code of law.

What? 31. Branch Activity Content

1. The branch operates a service in the service sector, which does not include the service sector where the establishment of the Branch in that field is regulated in the legal legal process.

2. The branch of the branch operates in the branches, which the law stipulated must be conditional, the Branch is active only when the conditions are met.

What? 32. Active reporting mode

1. Before 30 January, the Office of the Representative Office, the Branch Office, was responsible for sending the Department of Commerce ' s report on its operating system during the previous year through the postal line to the Licensee Authority.

2. The representative office, the Branch Office, is obliged to report, provide documentation or solve problems related to its activities at the request of the competent state governing body.

What? 33. The head of the Office of Representative, Branch

1. The head of the Office of the Representative Office, the Branch must be held accountable to foreign traders of its activities and of the Office of the Representative, Branch within the scope of foreign workers ' merchants.

2. The head of the Office of the Representative Office, the Branch must be responsible for its activities in the event of carrying out activities outside the authorized foreign trader.

3. The head of the Office of the Representative Office, the Branch must authorize a written mandate for others to exercise the rights and obligations of the head of the Office of the Representative Office, Branch under the law upon arrival from Vietnam. The commission must be agreed upon by foreign traders. The head of the Office of the Representative, the Branch is still responsible for the exercise of the right and obligations of the mandate.

4. The case of expiration of the authorized deadline at paragraph 3 This is that the head of the Office of representatives, the Branch has not returned to Vietnam and has no other authority, the authorized one has the right to continue the rights and obligations of the person. At the head of the Office of Representative, Branch within the scope was authorized until the head of the Office of representatives, the Branch returned to work at the Office of Representative, Branch, or until foreign traders appointed others as the head of the office. Representative Office, Branch.

5. The case of the head of the Office of Representative Office, the Branch not present in Vietnam for more than 30 days without authorization for others to implement the rights and obligations of the head of the Office of Representative Office, Branch or death, loss, detention, sentencing. Prison, restricted to civilian behavior, foreign traders have to appoint someone else as head of the Office of Representative, Branch.

6. The head of the Office of the Representative Office of a foreign trader who is not allowed to do the following positions:

a) the head of the branch of the same foreign trader;

b) The head of the branch of foreign merchants;

c) The representative under the law of foreign traders or other foreign traders;

d) The representative of the law of the economic organization was established by the rule of Vietnam.

7. In the case of the head of the Office of the Representative Office that is legally negotiated by the foreign trader, the amendment, the addition of the agreed contract, the foreign trader must carry out the authorship of written authorization for each contract of contract, fixing it. In exchange, the contract has been made.

8. The head of the branch of the foreign trader is not allowed to do the following positions:

a) The head of the office of representatives of another foreign trader;

b) The head of the Office of the Representative of the same foreign trader;

c) The representative under the law of the economic organization was established by the rule of Vietnam.

What? 34. Rights, the obligation of the Office of Representative, Branch

1. The Office of Representative, Branch is protected and the legal interests in the process of operation in Vietnam under the rule of Vietnam.

2. The representative office, the Branch that performs the rights and obligations under the provisions of the Commercial Law and is in accordance with the license content.

Chapter IV

END REPRESENTATIVE OFFICE ACTIVITY, BRANCH

What? 35. The cases end the Office of Representative Office operating, Branch

Representative office, the Branch terminated the operation in the following circumstances:

1. At the suggestion of foreign traders.

2. When foreign traders end up operating under the laws of the country, the territory where that trader is established or registered business.

3. The expiration of the operating deadline under the license to establish the Office of the Representative Office, the license to establish the Branch that the foreign trader does not offer to renew.

4. All the time operating under the license to establish the Office of Representative Office, the license to establish the Branch without being extended by the Licensee Authority.

5. revoked the license to establish a representative office, the license to establish the Branch as prescribed at Article 44 of this decree.

6. Foreign traders, Representative Office, Branch no longer meets one of the stipulated conditions at Article 7 and Article 8 of this Decree.

What? 36. End of the Office of Representative Office, Branch

1. 01, including:

a) The announcement of the termination of the Office of the Representative Office, Branch of the Ministry of Commerce by the Ministry of Trade due to the competent representative of the foreign trader, except for the case specified in Article 5 Article 35 This decree;

b) The text copy of the License Authority does not renew the License to the Office of the Representative Office, the License to form the Branch (for the specified case at paragraph 4 Article 35 This decree) or the copy of the Decision to revoking the Office establishing the Office. representative, the License established the Branch of the Licensee Authority (for the specified case at paragraph 5 Article 35 This decree);

c) List of creditors and unpaid debt, including tax liabilities and social insurance funds;

d) A list of workers and the corresponding rights of the work of the labourers;

The license itself established the Office of the Representative, the License to form the Branch.

2. Foreign traders and the head of the Office of Representative Office, the Branch of the End of the Activity of the Union is responsible for the integrity and accuracy of the filing of termination of the Office of Representative Office, Branch Office.

3. For the case the Office of the Representative Office terminated operations in a province, the Central City or geographical area of a management range of a Management Board to transfer the location of the office of the Office representing a province, the city online. In the other Central Committee or the geographic area of a different Board of Management, the record termination of the Office of Representative operations includes only the specified documents at Point a and Point 1 This Article.

What? 37. The procedure, the procedure to resolve the end of operation of Representative Office, Branch

1. Foreign traders file an end to the Office of Representative Office operating, Direct Branch or via Post or Online (if eligible applicable) to the License Authority.

2. In the 3-day period of work since the date of receiving the file, the Agency granted the checklist and the additional requirements if the profile is incomplete, valid. The request for the addition of the profile is performed maximum once during the process of the filing.

3. During the 5-day period of work since the date of the receiving of valid files, the License Level Authority is responsible for publication on its electronic information page on the termination of the operation of the Office of Representative Office, Branch.

What? 38. The obligations involved in termination of the operation of the Office of Representative Office, Branch

1. In addition to the implementation of the procedure termination under regulation at Article 36 and Article 37 This decree, foreign trader, Representative Office, Branch must publicly list the operation at the end of the Office of the Representative Office, Branch of the Ministry of Foreign Affairs. and perform other obligations under the rule of law when the Office of the Representative, the Branch terminated the operation.

2. Foreign traders with the Office of the Representative Office, the Branch terminated the operation responsible for the implementation of the contracts, payment of debts, including tax debt and the settlement of sufficient rights to the worker who had worked at the Office of the Representative, The branch is prescribed by law.

Chapter V.

STATE MANAGEMENT FOR THE OPERATION OF REPRESENTATIVE OFFICE, BRANCH BRANCH

What? 39. Ministry of Commerce

1. Regulation on the proposed, radical, adjuvable, extension of the license to establish the Office of the Representative Office, the License to form the Branch; template of the license; the report template of the Office of the Representative, Branch; the report sample of the Department of Commerce, the Board of Management.

2. Annuits of Vietnam ' s commitment content to the Office of Representative, the Branch of Foreign Trade in the International Treaties That Vietnam Is A Member.

3. Inspector, check out the state management business on the operation of the Office of Representative Office, Branch on the scope of the country.

4. Host, in coordination with ministries, industry, local area of inspection, inspection of the Office of Representative, Branch in the event required or at the suggestion of ministries, industry, local.

5. Host, in collaboration with the ministries, the industry, the local building database on the Office of Representative Office, Branch.

6. Handout acts of violation of the Office of the Representative Office, the Branch by jurisdiction.

What? 40. The Service of the Ministry, the relevant sector

1. Coordinate with the Ministry of Commerce, Department of Commerce, Board of Management in the granting, adjustment and extension of the license to establish the Office of Representatives, Regulatory Branch at Clause 4 Articles 11, Clause 4 Articles 13, Clause 5 Articles 17 and Clause 5 Articles 23 This Protocol.

2. Coordinate with the Ministry of Commerce, the Department of Commerce, the Management Board in the implementation of state management on the operation of the Office of Representative Office, the Regulatory Branch at Clause 4 Articles 39 and Section 3 Article 41 This Protocol.

3. Coordinated with the Ministry of Public Affairs Building the database on the Office of the Representative, Branch by Regulation at paragraph 5 Article 39 This decree.

What? 41. The responsibility of the Provincial People ' s Commission

1. Do the regulatory authority over the operation of the Office of the Representative Office, the Local Branch.

2. Command of the Department of Commerce, the Inspector General of the Inspector, the Office of Representative Office, Branch in the case required or organization of the inspection team, the interdisciplinary examination at the recommendation of the state governing bodies.

3. Coordinate with the ministries, the relevant sector in state management work on the operation of the Office of the Representative Office, the Local Branch.

What? 42. The responsibility of the Department of Commerce, Board of Management

1. Do the regulatory authority over the operation of the Office of the Representative Office, the Local Branch.

2. Annual planning, before 30 January, the Department of Commerce, Board reports the Ministry of Commerce on the Ministry of Public Affairs, reissue, adjustment, extension, revoking the license to establish the Office representing the Office representing and termining the operation of the local representative office.

What? 43.

Foreign traders, Representative Office, Affiliates have infringed on the provisions of this decree, according to their properties, the extent of the breach that is processed under the rule of law on the disposal of administrative violations.

What? 44. Case recall cases establishing the Office of Representative Office, the Subsidiary Establishment Permit.

Representative office, the Branch revoked the license established in the following cases:

1. Not active for 01 years and does not give birth to transactions with the License Authority.

2. No report on the operation of the Representative Office, Branch for 2 consecutive years.

3. Do not submit a report by regulation at Article 2 Article 32 of this Decree to the Licensee Authority for a period of 6 months, since the expiration date of the report or a written request.

4. The other case follows the rule of law.

Chapter VI

EXECUTION CLAUSE

What? 45. transition regulation

The representative office was granted permission to be established before this Decree effective date was continued to operate until the expiration of the expiration of the license to establish the Office of the General Office granted.

What? 46.

1. This decree has been in effect since 10 March 2016.

2. This decree replaces the Digital Protocol 72 /2006/NĐ-CP July 25, 2006 of the Government regulates the Law of Trade on the Office of Representative Office, Branch of Foreign Trade in Vietnam.

3. This decree repel Article 2 of the Digital Protocol 120 /2011/ND-CP December 16, 2011 of the Government amended, the addition of administrative procedures at several Government Decree Regulations rules the Law of Commerce.

What? 47. The organization performs

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung