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Circular 06/2012/tt-Bct: Detailing Order And Licensing Procedures To Establish And Operate A Representative Office Of The Organization Of Foreign Trade Promotion In Vietnam

Original Language Title: Thông tư 06/2012/TT-BCT: Quy định chi tiết trình tự, thủ tục cấp giấy phép thành lập và hoạt động văn phòng đại diện của tổ chức xúc tiến thương mại nước ngoài tại Việt Nam

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MINISTRY OF COMMERCE
Numbers: 06 /2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 27, 2012

IT ' S SMART

Regulation of sequence details, procedure licensing procedures and office activities

It ' s representative of the foreign trade promotion organization in Vietnam.

____________________

Base of Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government Regulation, the mandate, the powers and the organizational structure of the Ministry of Commerce, have been amended, supplemated by Protocol No. 44 /2011/NĐ-CP June 14, 2011 by the Government ()

Base of Protocol 100 /2011/NĐ-CP October 28, 2011 the Government provides for the establishment and operation of representative office of the foreign trade promotion organization in Vietnam.

The Minister of Commerce provided details of the establishment and operation of the representative office of the foreign trade promotion organization in Vietnam as follows:

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information regulates the details of the granting, resupply, additional amendment, extension, revoking the license to establish the Office of the Representative Office in Vietnam of the organization of foreign trade promotion (later called the Representative Office).

2. The organization of promotion of foreign trade and other foreign organizations is subject to regulation at Article 2 of the Protocol. number 100 /2011/NĐ-CP (the following is a foreign trade promotion).

What? 2. The organization of the Office of Representative

Nest function Foreign trade promotion self-determination of organizational structure, the head of its representative office in Vietnam and must be able to clarify these content at the Charter or Regulation of Office of the Representative Office in Vietnam in the Proposition Pool. Permission to establish a license to establish a representative office.

What? 3. Office of the Office of Representative Office

1. The representative office is responsible for announcing the operation by regulation at Article 8 of the number 100 /2011/NĐ-CP.

2. The notification text follows the XTTMN-1 Annex issued by this message.

What? 4. Activity Report

1. The case for reporting by regulation at paragraph 1 Article 10 of the Digital Decree 100 /2011/ND-CP, The representative office was obliged to report by the text of its operation in the previous year to the Ministry of Commerce under the XTTMN-2 Annex issued by this Information.

2. The case for reporting by regulation at paragraph 3 Article 10 Protocol 100 /2011/ND-CP, within 10 days of work since the date is required, the Office of the Representative has a responsibility to send the report text, provide documentation or process at the request of the competent authorities.

Chapter II

SEQUENCE, LEVEL PROCEDURE, REORDER, MODIFICATION, REPLENISHLINE, TERMINATION, TERMINATION,

REVOKING A LICENSE TO ESTABLISH A REPRESENTATIVE OFFICE

What? 5. Level the Office of Representative Office

1. The foreign trade promotion organization sent a set of records to issue a license to establish a Office representing the Office representing the prescribed license at Decree No. 100 /2011/NĐ-CP (filed directly at the Commercial Promotion Office headquarters or sent via postal mail). power). The filing recommended the license to establish the Office of the Representative implemented by regulation at Article 15 Digital Protocol 100 /2011/NĐ-CP -Unit. proposed implementation of the XTTMNN-4 template An appendix issued to this message.

2. The reception of the profile is done as follows:

a) The case of filing directly, the applicant must publish the foreign trade promotion of the promotion of foreign trade promotion.

Upon receiving the file, the license-level authority is responsible for recording the receipt. The receipt was compiled into two versions of the XTTMNN-5 Annex issued by this message, one for the promotion of foreign trade promotion and a copy of the license issue.

b) The case sends the case through the mail line, the license granting the license to take on the prescribed record and not write the receipt;

c) The date of adoption of the record is calculated by the date of the written record in the case of sending the case through the post or being calculated according to the date received on the receipt in the case of direct filing.

3. In the 20-day period of work since the date received valid records, License-level consider, granting or not granting the organization promotion of foreign trade in addition to the license to establish a representative Office; the case does not grant a written answer stating the reason. The license to follow the XTTMNN-6 Annex issued by this message.

4. The file recommended granting a license to establish the Representative Office is considered to be full, valid if ... License-level is no comment (in writing) about the file within 3 working days since the date received the case (for both the first file case and case case filed again after the addition, complete).

The case case is incomplete, valid, the organization of foreign trade promotion must complement, complete, and resubmit the profile.

What? 6. Modified, Additional reporting to the Office of Representative Office

1. The case of amendments, the addition of the Office to the Representative Office, in the 10-day period of work since the date of the change in accordance with Clause 1 Article 17 Decree 100 /2011/ND-CP, The foreign trade promotion has to send a revised motion file, supplematuation of the license to establish the Office of the Office, to the licensing agency. (direct or sent via post office).

2. Profile of the revised offer, the addition of a License to the Office of the Representative Office currently prescribed at paragraph 2 Article 17 Number Protocol 100 /2011/NĐ-CP The offer is made. XTTMNN-7 An appendix issued to this message.

3. Presentation, procedure for modification, supplematuation of the specified license in paragraph 2, paragraph 3, paragraph 4 Article 5 This information. The deadline for execution is specified at paragraph 3 Article 17 Number Protocol 100 /2011/NĐ-CP.

What? 7. Grant permission to establish a representative office

1. The case of granting a license to the Office of Representative Office, for the 15-day period of work since the date of the change under Article 18 Protocol 100 /2011/ND-CP, The foreign trade promotion has to send a revised motion file, supplematuation of the license to establish the Office of the Office, to the licensing agency. (direct or sent via post office).

2. The filing offers to grant a license to the Office of the Representative Office currently prescribed at Article 19 Number Protocol 100 /2011/NĐ-CP The offer is made. XTTMNN-8 An appendix issued to this message.

3. The case of licensing the license to establish the Office of Representatives as specified in paragraph 2 Article 25 of the Digital Protocol 100 /2011/NĐ-CP , the foreign trade promotion organization must submit a single implementation of the XTTMNN-8 prototype. The appendix issued with this message and comes with the following documents:

a) The original license establishment of the representative office of the foreign trade promotion organization in Vietnam was granted;

b) A copy of the established registration paper or document with equal value. of the organization of the promotion of foreign trade;

c) A copy of the operation of the foreign trade promotion organization;

d) 1 copy of the Charter of the Office of the Representative Office in Vietnam;

A courtesy of the head of the office of representatives of the office in Vietnam;

e) The regulatory documents at point a, b, c, d, must be translated. It is a Vietnamese language, and is legitimized by the rule of law.

4. The procedure, the procedure of granting the Implementation Permit in paragraph 2, paragraph 3, paragraph 4 Article 5 This information. The resolution deadline is 10 days of work since the date of receiving valid files.

What? 8. Renewal of the license to establish the Office of the Foolish Office

1. Case renew the license to establish the Office of Representative according to Regulation 20 Decree 100 /2011/ND-CP, The foreign trade promotion has to send a letter of recommendation to the licensing agency. (direct or sent via post office).

2. The filing offers to grant a license to the Office of the Representative Office currently prescribed at paragraph 2 Article 20 Number Protocol 100 /2011/NĐ-CP The offer is made. XTTMNN-9 The appendix issued with this message:

3. Presentation, duration of reception, processing of a proposed filing extension of the license to establish the Office of the Representative Office of the commercial promotion implementation as instructed at paragraph 2, paragraph 3, paragraph 4 Article 5 This information.

What? 9. End of Office of Representative Office

1. The case of termination of representative office operation specified at the point a 1 Article 12 Digital Protocol 100 /2011/ND-CP, It ' s a foreign trade promotion. Send a set of files to put an end to the operating system. (direct or sent via post office).

2. The filing recommended termination of the operation including:

a) 1 proposed termination of the Office of the Office representing the XTTMNN-3 Appendix issued with this message;

b) The documents, documents that demonstrate the completion of the obligation by regulation at paragraph 2 Article 12 of the Digital Protocol 100 /2011/NĐ-CP.

3. In the 30-day period since the date of the reception of the valid dosages, the permit issuing a review permit, the approval of the termination of the Office of the Representative Office if not received any notice, complaints, complaints of the agencies, organizations, individuals associated with it. Yeah.

4. Other cases terminate the Office of the Representative Office, the organization of foreign trade promotion and the Office of the Representative must be done in accordance with the regulations at the Digital Protocol. 100 /2011/NĐ-CP and other regulations relevant to the Vietnamese law.

What? 10. recall license to establish Representative Office

1. In cases of revoked license by regulation at paragraph 2 Article 23 Digital Protocol 100 /2011/ND-CP, License issued a decision to revoking the license to establish a representative office.

2. The decision to revoking the license to establish the Office of the Representative Office on the XTTMNN-10 Appendix issued with this message.

Chapter III

EXECUTION CLAUSE

What? 11.

1. The Commercial Promotion Bureau is responsible:

a) presided over, in coordination with the relevant authorities, the authorities have the authority to enact a law enforcement of the law of the representative office of the promotion of foreign trade promotion in Vietnam;

b) The organization of the granting, radical, revision, addition, extension, termination, recovery of the operational license of the representative office of the organization of foreign trade promotion in Vietnam;

c) The host, in coordination with relevant agencies in state management work on the operation of the Office of the Representative Office of the promotion of foreign trade promotion on the country, handles the laws of violation of the Office of the Office of representatives of the country. The organization is promoting foreign trade in Vietnam by jurisdiction;

d) Host, in coordination with relevant agencies in the construction of database construction on the representative office of the promotion of foreign trade promotion organizations in Vietnam;

2. The relevant units of the Ministry of Trade are responsible for co-ordination of the state management work on the operation of the Office of the Representative Office under jurisdiction.

3. Department Of Commerce. the Province, the central city is responsible for doing business. State management active activities of V. eating the representative room of the organization promotion of foreign trade promotion in the local domain by law; report of the Ministry of Commerce (Commercial Promotion Bureau) management, monitoring, monitoring, inspection, and breach of violation of the operation. All right V. We have a room. of the foreign trade promotion organization on the site .

What? 12.

1. This message has a enforcement effect since day 10 Month 5 201 2 .

2. During the execution process, if the birth is entangled, the relevant unit has a responsibility to reflect on the Ministry of Commerce to complement, modify accordingly. ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Cheng