The DECREE of the GOVERNMENT regulations on the Branch Office of the foreign thươngnhân and of foreign tourism enterprises in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;

Pursuant to the law on 10 trading in May 1997;

The base tourism Ordinance August 02, 1999;

According to the recommendation of the Minister of trade and tourism Tổngcục VEA, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this regulation Nghịđịnh of representative offices, branches of foreign merchants (according to the provisions of the commercial law) and of foreign tourism enterprises (under the provisions of the Ordinance on tourism) in Vietnam.

Sauđây "representative offices of foreign traders and of foreign dulịch enterprises in Vietnam" are referred to as "Office đạidiện"; "Branch of foreign traders and of foreign dulịch enterprises in Vietnam" are referred to as "branches".

Article 2. Representative Office, branch 1. A representative office is the dependence of foreign traders, overseas nghiệpdu, established by the law to search Vietnam, thúcđẩy commercial operation opportunities, travel, but not sinhlợi business directly.

Mộtthương abroad or a foreign tourist business was the Vietnam lậptại one or more offices; not established Genus nhánhcủa representative office in Vietnam.

2. Branch is depend of foreign traders, business travel lịchnước, established by the law of Vietnam to commercial activity, dulịch in Vietnam aim to benefit directly.

Mộtthương abroad, business travel outside established a Chinhánh in Vietnam to business goods and services in "hànghoá catalog, service branch of foreign traders, water tourism business ngoàiđược business in Vietnam" was attached to this Decree; not established a representative office of a branch in Vietnam.

3. Head of representative office, branch manager may be the fact that alien Vietnam.

4. Representative offices, branches and the people who work in offices, Chinhánh State Vietnam for protection of the rights, legitimate interests and means vụtuân Vietnam laws; do not enjoy preferential regulations exempt spent choCơ foreign representation, consular authorities abroad, the Agency củaTổ representative intergovernmental international organization in Vietnam.

Article 3. The responsibility of foreign traders, foreign dulịch enterprises and representative offices, branches 1. foreign traders, foreign tourism businesses have offices, branches in Vietnam is responsible before the law for all Vietnam unAmerican activities of representative offices, branches in Vietnam.

2. Representative Office, branch must comply with the law of Vietnam in all his unAmerican activities and direct the implementation of the rights and obligations under the provisions of law củapháp Vietnam.

Article 4. Licensing Agency 1. Ministry of Commerce is responsible for granting, modification, addition, revoke the licence into lậpChi active branches in the field of trade.

2. responsible tourism, supplementation, modification, revocation of the license of thànhlập representative office, branch of activity in the field of tourism.

3. Ministry of Commerce is responsible for granting, modification, addition, revoke the licence into lậpChi branch activities in the fields of trade and tourism, after the nhấttrí of tourism.

4. the people's committees, the central cities (hereafter referred to as the Uỷban people of province level), where foreign traders established an phòngđại proposal, responsibility level, amendments, supplements, revoke the license Vănphòng active representation in the trade sector.

5. the provincial people's Committee, where foreign merchants in vựcthương and proposed the creation of tourism offices, responsibility level, amendments, supplements, revoke the license activation Office độngtrong commercial and tourism sectors after the consensus of General Dulịch.

 Chapter II the GRANTING, modification, additional LICENCES to ESTABLISH a REPRESENTATIVE OFFICE, BRANCH article 5. Licensing conditions established representative offices, Chinhánh 1. foreign traders, foreign tourism businesses are issuance phépthành established a representative office in Vietnam when the business case is registered pháptheo foreign laws.

2. foreign traders, foreign tourism businesses are issuance phépthành established a branch in Vietnam when the following conditions: a) Having legitimate business registration according to law;

b) Has not less than 5 years, since the business registration;

c) business goods and services "category of goods, service nhánhthương abroad, foreign tourism enterprises are allowed to doanhtại Vietnam economy" was attached to this Decree and considered, bổsung according to each period.

Article 6. Records suggest a license to establish a representative office, Chinhánh Hồsơ licensing proposal established representative offices, branches, including: 1. Menu of foreign traders, foreign tourism business proposal cấpGiấy allowed to establish representative offices, branches (according to the model by the Ministry of trade of the most mạithống with regulations on tourism).


2. A copy of the business registration certificate of the foreign traders in foreign tourism, are the competent authorities abroad confirm vàbản translated into Vietnamese business registration certificate of the nướcngoài traders, foreign tourism enterprises are certified Agency in nướchoặc diplomatic missions Consular agency of Vietnam in ngoàichứng countries.

Article 7. Licensed to establish a representative office, branch 1. foreign traders, foreign tourism businesses send suggested cấpGiấy allowed to establish representative offices, affiliates to the licensing agency quyđịnh in article 4 of this Decree.

2. within 15 days from the date of receipt of a valid application, the Agency granting the phépcấp for foreign traders license offices, Chinhánh and send a copy to the relevant bodies under the following provisions: a Department of Commerce case) license, a copy of the license is sent to the Department or the Department of Commerce and Business travel , tax authorities, provincial statistical agency, nơiChi Branch Headquarters; If the license is active in the lĩnhvực branch of trade and travel, the longer the license copy is sent to the General Dulịch.

b) case Of tourism license, a copy of the license is sent to the Department of Dulịch or the Department of trade and tourism, tax authorities, provincial statistical agency, where a representative office, Branch Headquarters.

c) where the provincial people's Committee license, a copy of the license is gửitới MOT, tax authorities, provincial statistical agency, where đạidiện Office based; If the license is to establish a representative office tronglĩnh commercial activities and tourism, the copy was sent to the General cụcDu.

3. where the records are incomplete or not yet valid, within 3 working days from the date of receiving the application, licensing agency must have written notice đểthương abroad, foreign travel business supplement, complete hồsơ.

4. Content of the activities of the representative office, branch are specific records in the Giấyphép.

Article 8. Notice the activity of representative office, branch Trongthời limit not to exceed 45 days from the date licensee, representative offices, affiliates must officially go into operation and to have the message text for Cơquan on location based, Vietnam, nướcngoài people worked at the Branch Office , Branch.

Article 9. Changing the Khicó demand license content to change one, some or all of the following content in Giấyphép established a representative office, branch, foreign traders in foreign travel, must have text proposed licensing agency sửađổi, additional licence: 1. Change the name , nationality of foreign traders, nướcngoài travel business or the name of the representative office, branch;

2. increase the number of people from overseas to work in offices, branch;

3. Change the content of the activities of the representative office, branch.

4. Change location to the seat of the representative office, branch.

The term Trongthời not more than 10 days from the date of the proposal of nướcngoài traders, foreign tourism enterprises, the licensing authority is responsible for nhiệmcấp for foreign traders, foreign tourism business license mớiđã be modified, added and send a copy of this license is for the Agency to be gửibản stars license offices , Branch specified in clause 7 of this Decree 2Điều.

Trườnghợp changed the location of its headquarters offices operate in lĩnhvực trade or Commerce and tourism from a province, City Central thuộcTrung this to a province, the central city in the other, wounded nhânnước in addition to the recommended procedures to license Office diệnmới established under the provisions of article 6 and article 7 of this Decree.

Article 10. The fee levels, modify, supplement the license 1. Foreign traders, foreign tourism enterprises must pay levels, modify, supplement the license.

2. The Ministry of finance, in collaboration with the Ministry of Commerce and tourism could địnhcụ rules, the management fees and use fees prescribed in clause 1 Điềunày.

Article 11. Termination of activity of representative office, branch 1. Representative Office, branch ended activity in the following circumstances: a) as suggested by foreign traders, foreign tourism enterprises;

b) When foreign traders, foreign tourism enterprises to terminate the operation;

c) When a decision on the revocation, annulment of the license of the State Agency cóthẩm the rights under the provisions of the law of Vietnam.

2. In case of termination of activity as defined in the point a and point bkhoản 1 this, foreign traders, foreign tourism business phảigửi text notifying the termination of activity of representative office, nhánhđến licensing agency within a period not exceeding 30 days, before the dot dứthoạt of the representative office , Branch and must return the license to the license cơquan.


Trongthời 7-day deadline, the licensing authority is responsible for notifying the dot dứthoạt of the representative office, branch for the agency sent a saoGiấy allows to establish a representative office, branch specified in clause 2 this 7Nghị Thing.

3. In case of termination of activity as defined in point c of paragraph 1 of this article, the licensing authority is responsible for sending to the foreign traders in foreign travel, the decision on the revocation, annulment of thànhlập Representative Office license subsidiary for at least 30 days before the date of the Office đạidiện Branches were forced to cease operations and send copies of the decision tớicác the agency sent a copy of the license to establish a representative office, the genus nhánhquy in clause 2 article 7 of this Decree.

Article 12. Obligations of foreign traders, business travel and lịchnước representative office, branch office, when nhánhchấm ceased operations Before the representative office, branch terminated operations in Vietnam, trade nhânnước in addition, foreign tourism enterprises and representative offices, branch cónghĩa service payments of debt and other obligations with the State the UK, and individuals involved in Vietnam.

Uỷban province-level people have the responsibility to monitor, supervise and urge the thựchiện regulations for representative office, branch locally.

 Chapter III OPERATIONAL CONTENT, RIGHTS and OBLIGATIONS of the REPRESENTATIVE OFFICE, BRANCH article 13. Content activity of representative office, branch 1. content activities of representative offices.

a) construction projects for promotion of economic cooperation, trade, and tourism in Vietnam;

b) search, promoting opportunities for the sale of goods, provision of services trade, dulịch in Vietnam;

c) track, urging the implementation of the contract signed by the nướcngoài traders, foreign tourism enterprises that themselves do represent.

2. The content of the operations branch.

Nộidung activities of the branch are specified in the license Chinhánh match the content of the activity of foreign traders, overseas nghiệpdu, in the framework of the "category of goods, service nhánhthương abroad, foreign tourism enterprises are allowed to doanhtại Vietnam economy" was attached to this Decree.

Article 14. Rights, obligations of the representative office and people do việctại Vănphòng representative office representatives, who work in offices make the right vànghĩa service are defined in commercial law, Ordinance on travel and other địnhcụ can be the following: 1. A representative office is operated according to the specific content in the paper phépthành.

3. People who work in offices must pay tax according to the provisions luậtViệt.

4. Representative Office must periodically report every year on the activities củaVăn representatives in the previous year with the licensing agency before the end of the month, Elliot 7 next year.

In high necessary, upon the request in writing of the appropriate provisions of law quyềntheo, Vietnam representative office is obliged to provide documents, reports or explain the issues related to the củamình operation.

Article 15. Rights, obligations of the branch and the people who work at Chinhánh.

Chinhánh, who works in the branch to implement the rights and obligations that are quyđịnh in commercial law, Ordinance and the following specific provisions: 1. The branch was operating under the contents stated in the license.

2. People working in the branch must pay tax according to the provisions of the law of Vietnam.

3. Affiliate must perform the accounting mode under the provisions of the law of Vietnam vàchỉ to be applied to other common accounting mode when the Finance Ministry chấpthuận.

The main Nămtài of the subsidiary is calculated from January 1 and ending on December 31 last year.

4. Periodically once a year, before the last working day of March, followed by designators, affiliates must submit reports on the activities of the branch in trướcvà year financial statements certified by the auditing agency or independent math quankiểm Vietnam be allowed to operate in Vietnam to the licensing agency.

In high necessary, upon the request in writing of the appropriate quyềntheo regulation of Vietnam, Law Branch is obliged to report data or cấptài, the problems related to their activities.

 Chapter IV RESPONSIBILITIES of the STATE ADMINISTRATION for the OPERATION of the REPRESENTATIVE OFFICE, BRANCH article 16. The responsibility of the Ministry of Commerce 1. Hosted, in cooperation with the drafting process of the tourism agency of competent quyềnban or issued under the authority of the legal text on the Vănphòng representation, branch;

2. Granted, modified, supplemented, revoke the license branch in accordance tạikhoản 1 and paragraph 3 article 4 of this Decree.

3. Inspection, check the State management for the operation of the Van phòngđại, the branch of activity in the field of trade on nationwide.

4. Hosted, in cooperation with the ministries, relevant local inspector, polygraph representative office, branch activities in the trade sector when necessary or thấycần as proposed by the Ministry, local branches.

5. Handle violation according to the authority.

Article 17. The responsibility of the General Directorate of tourism


1. In collaboration with the Ministry of Commerce drafting the competent authority issued the hoặcban under the authority of the legal text of a representative office, branch.

2. Granted, modified, supplemented, to revoke the license as specified in paragraph 2 article 4 this Nghịđịnh.

3. Inspection, check the State management for the operation of the Van phòngđại, the branch of activity in the field of tourism on nationwide.

4. Hosted, in cooperation with the ministries, relevant local inspector, polygraph representative office, branch of activity in the field of tourism to see cầnthiết or the proposal of the Ministry, local branches.

5. In collaboration with the Ministry of Commerce, the Inspector checks the active branch in lĩnhvực trade and tourism.

6. Handle violation according to the authority.

Article 18. The responsibility of ministries, ministerial agencies, thuộcChính government bodies 1. In coordination with the Ministry of trade, tourism, the provincial people's Committee where the Vănphòng representative, Branch Headquarters to resolve the relevant problems of đếnhoạt representative office, branch in the area of management.

2. Engage with the Ministry of trade, tourism, the provincial people's Committee trongviệc Inspector, check the operation of the representative office, branch in his lĩnhvực management.

Article 19. Responsibility of provincial people's committees 1. Follow state management authority for the operation of the Van phòngđại, the local branch.

2. Granted, modified, supplemented, revoke the license activation Office độngtrong commercial, trade and travel as specified in clause 4 vàkhoản 5 article 4 of this Decree.

3. inspection organization, check under the jurisdiction of the activity of the representative office, the local branch;

4. In collaboration with the Ministry of Commerce, general tourism inspection, check the củaVăn activities, representatives of local branch;

5. Handle violation according to the authority.

 Chapter V HANDLE VIOLATION of article 20. Handle violation for representative office, branch, representative office in ngườilàm, branch 1. Representative Office, branch in violation of the provisions of this Decree shall be xửphạt administrative violations in accordance with the law of Vietnam.

2. People who work in offices, branch violated the provisions of Nghịđịnh, depending on the nature and extent of the violation that sanctioned violation of hànhchính or arrested save for criminal liability in accordance with the law of Vietnam.

Article 21. Handle violation for Cánbộ servants, officers, public servants when on duty if the violation of the provisions of the Decree nàythì depending on the nature and extent of the violation being disciplined or arrested criminal cứutrách under the provisions of the law of Vietnam.

 Chapter VI Article 22 ENFORCEMENT TERMS. 1. enforcement of terms of Decree has effect from 1 October 2000 and replaced thếNghị No. 82-CP August 1994 issued statute put độngcủa and representative offices of foreign economic organizations in Vietnam.

2. Representative Office was established prior to the date of this Decree in force đượctiếp action under the provisions of this Decree.

Trongthời limit not to exceed 30 days from the date of Decree to this effect, the phòngđại an already established before the decree to this effect is submitted vănbản to notify the licensing authority, the provisions of article 4 of this Decree, know about the merchant's name, the name of the representative office , location based content works vànội of the representative office.

 3. The prime consideration, decide to continue the operation of the Chinhánh foreign traders was established prior to the date of this Decree, there hiệulực that business travel services, goods not belonging to the "hànghoá directory service overseas traders, allowed business in Vietnam" banhành attached to this Decree.

4. Ministry of Commerce presiding, in collaboration with the General Directorate of tourism guiding the implementation of this Nghịđịnh.

5. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central subject tráchnhiệm this Decree enforcement./. 

 

The LIST of goods and SERVICES BRANCHES of FOREIGN TRADERS are ALLOWED to EXPERIENCE the VIETNAM DOANHTẠI (attached to Decree No. 45/2000/ND-CP dated 6/9/2000 of the Government) to buy goods in Vietnam I. to export: 1. handicraft Goods;

2. Agricultural products and processed agricultural products (except for rice, coffee);

3. Fruit and vegetables and processed fruit and vegetables;

4. industrial Consumer Goods;

5. For meat, poultry and food processing.

II. Imported goods to sell in Vietnam market.

Chinhánh foreign traders when the foreign currency obtained from the export of the chemical loạihàng specified in section I of this list is imported the types hànghoá here to sell in Vietnam with market conditions must have a license củaBộ trading and import turnover does not exceed exports : 1. Machinery, equipment for the mining, processing agricultural products, fisheries;

2. Raw materials for the production of medicines for people and for the production of veterinary drugs;

3. Raw materials to produce fertilizer, pesticides.