CIRCULAR of the MINISTRY of FOREIGN AFFAIRS tutorial make a number of articles of Decree No. 12/2005/ND-CP on January 19, 2005 by the Government regulations on the establishment and operation of the representative office of the Organization for cooperation, foreign research in Vietnam to enforce Decree No. 12/2005/ND-CP on January 19, 2005 by the Government regulations on the establishment and function painting of a representative office (REPRESENTATIVE) of the Organization of cooperation, foreign research in Vietnam (hereinafter dọi to as the Decree), the Foreign Ministry instructed as follows: i. GENERAL PROVISIONS: scope and object adjustment 1. This circular instruction performs a number of articles of Decree No. 12/2005/ND-CP on the establishment and operation of REPRESENTATIVE OFFICES of foreign organizations in order to support collaboration, research in the areas of science, technology, natural resources and environment, health, society and a number of other specialized areas between the Governments of Vietnam and nonprofit purposes profit.
2. This circular does not apply to the establishment and operation of the REPRESENTATIVE OFFICE of the Organization for cooperation, foreign research not directly, industries or local governments of foreign countries.
3. The governing body to the Vietnam's Ministry of industry, the provinces, central cities have direct partnerships with cooperative organizations, foreign studies (in the range in section 1).
4. This circular does not apply to foreign organizations active in the field of culture and education.
II. eligibility, LICENSING PROCEDURES, amendments, supplements, RENEW and REVOKE the LICENCE 1. The licensing established REPRESENTATIVE OFFICES was conducted after foreign organizations have programs, projects are competent authorities of Vietnam for approval and have written agreement (Agreement) or memo (Memorandum of Understanding-MOU) on the cooperation was signed between the organization with governing body the Vietnam according to the content are specified in article 18 of the Decree.
2. specific numbers of foreigners and people working in Vietnam OFFICE referred to in article 6, paragraph 1 (d) of the resolution is the number of program staff and regular staff working in the Office during the term of the license.
3. The relevant authorities referred to in article 8, paragraph 1 of the decree by the Ministry of Foreign Affairs to consult when conducting the procedure of decision to grant, amend, complement, renew and revoke the licence is the State authority in the areas of financial, security and other programs , project.
4. foreign organizations please set up REPRESENTATIVE OFFICES, additional amendments and renewals of licenses set up REPRESENTATIVE must submit the following documents on the basis of ensuring there is enough of the conditions stipulated in article 5 and 6 of the Decree: application for establishing a REPRESENTATIVE OFFICE include: (a) the application for the establishment of REPRESENTATIVE OFFICES, with content in the form "application for permission to set up REPRESENTATIVE OFFICES in the country the Socialist Republic of Vietnam" by the Ministry of Foreign Affairs delivery of issued (model No. 01/BNG-REPRESENTATIVE OFFICE);
(b) statutes or regulations of foreign organizations please set REPRESENTATIVE OFFICES;
(c) the text of the ministries or local authorities responsible for allowing foreign organizations established a REPRESENTATIVE OFFICE in Vietnam;
(d) a written confirmation of the Organization's legal personality abroad due to the competent authority of the country in which the headquarters level;
(e) The program, the project has been authorized the Vietnam agency approval;
(f) the intended person's profile was made the head of REPRESENTATIVE OFFICE in Vietnam;
(g) letter of recommendation or decision appointed head of REPRESENTATIVE OFFICE in Vietnam of Heads of ministries or local authorities in charge of foreign organizations;
Application for modification, addition or renewal of the license, including: (a) an application for alteration, addition or renewal of a licence with the following: + the full name, address of VPĐĐ.
+ License OFFICE (number, date and agency).
+ The objectives, content, scope and duration of the activity specified in the licence.
+ The reason for modification, addition or renewal of the license.
+ Content modification, addition or renewal of the license.
(b) the documents accompanying the award to ensure the viability of the amendment, addition or renewal of the license. Specifically: + records of where the new headquarters of the causes, if REPRESENTATIVE OFFICE is based changes.
+ Curriculum vitae of the person expected to head the new REPRESENTATIVE OFFICE if the Chief REPRESENTATIVE is change.
+ Writing programs, projects or written commitment to modify or supplement on cooperation between foreign organizations with governing body Vietnam if expanding the scope and duration of the activity of the REPRESENTATIVE OFFICE.
5. About license revocation: on the basis of a recommendation of the two parties to participate in the program, project, set up a REPRESENTATIVE OFFICE license will be revoked in the following cases: activities not consistent with the content recorded in the licence was granted; violation of the provisions of the Decree; Vietnam law violations; the program/project termination ahead of time.
III. The ORDER ISSUED, modified, SUPPLEMENTED, RENEWAL and REVOCATION of LICENCES 1. Foreign organizations please set up REPRESENTATIVE OFFICES, additional amendments and renewals of licenses to do 3 (Three) sets of records in accordance with section II, paragraph 4 of this circular and submit it directly to the Ministry of Foreign Affairs (international organizations).
Receiver profile must have the shared track and given a receipt when receiving full valid records.
2. Before issuing the decision according to the authority, the Foreign Ministry took the opinion of the governing body, Vietnam, related agencies and PPC, the central cities in local where the expected REPRESENTATIVE OFFICE based in case new levels or municipal REPRESENTATIVE in case please modify supplements, to renew the licence. In the case of the different opinions, the Foreign Ministry will process the prime consideration, decided to grant the approval, amend, Supplement and extension of the license. The Foreign Ministry announced the results to review the foreign institutions involved within a period not exceeding 30 days from the date of receipt of the documents.
3. Ministry of Foreign Affairs to consult the governing body's Vietnam, PPC/city where OFFICE headquarters, the ministries and agencies concerned on the recovery of foreign organization license. The Foreign Ministry has the responsibility to notify the governing body, the Vietnam REPRESENTATIVE OFFICE, the ministries, relevant agencies and PPC/city where that REPRESENTATIVE OFFICE based said the termination of activity of REPRESENTATIVE OFFICE before 30 days when the OFFICE ended operations due to expiry of the licence or as stated in the decision to revoke the licence or as suggested by VPĐĐ.
4. Within a period of not more than 90 days from the date the license expires or is notified of termination of activities, the REPRESENTATIVE must complete the liquidation is complete dissolution procedures related to housing, Office, employees, media work, payment of the debts (if any), the financial obligations and other issues with organizations and individuals involved in Vietnam. In special cases, the Foreign Ministry and Vietnam agree to governing body, this time limit can be extended, but not more than one year.
IV. COORDINATION BETWEEN The FOREIGN MINISTRY, The GOVERNING BODY, The PPC/Cities Where FOREIGN INSTITUTIONS ESTABLISHING REPRESENTATIVE OFFICES And Ministries, PLEASE The AGENCY INVOLVED In The GRANTING, Modification, Addition, Extension And REVOCATION Of LICENCES 1. The governing body of consultation Vietnam Ministry of Foreign Affairs and the ministries and agencies concerned on the contents of the text agreed between the governing body and the Vietnam foreign organizations concerned.
2. After receiving full valid records of foreign organizations on the level, additional amendments and renewals of licenses, the State Department will take comments governing body Vietnam, PPC/city where foreign organizations have or will set up a REPRESENTATIVE OFFICE and please, related agency in writing about the following issues : a) activities of the organizations concerned and the opinion of the PPC, the city where foreign organizations have or will establish a REPRESENTATIVE OFFICE, please.

b) the situation of operation of foreign organizations have programmes and projects related to The industry, and the opinion of the governing body and the Vietnam, relevant authorities about the proposed establishment of the REPRESENTATIVE OFFICE, to modify, Supplement and renew the licenses of foreign organizations; Verify the elements of personal and political attitude of people expected as head of the REPRESENTATIVE OFFICE in Vietnam.
Within a period not exceeding 15 days from the date of receiving the written consultation, governing body Vietnam, PPC/city where foreign organizations have or will ask the REPRESENTATIVE OFFICE, set up relevant organs have Foreign Ministry answered comments in writing on the problem mentioned above.
3. in the application review process, additional amendments and renewals of licenses, when it deems necessary, the Foreign Ministry will coordinate with Vietnam, the governing body of the relevant ministries and agencies sent missions to conduct on-site verification activities of the OFFICE.
4. Before the decision to revoke the licence, Ministry of Foreign Affairs to consult the governing body concerned Vietnam, PPC/city where OFFICE headquarters, the ministries and agencies related to the decision to suspend operations temporarily or permanently of the REPRESENTATIVE OFFICE in the case of REPRESENTATIVE OFFICE activities inconsistent with the license , violation of the provisions of the decree and the law of Vietnam.
V. QUUYỀN and RESPONSIBILITIES of the REPRESENTATIVE OFFICE in VIETNAM 1. The benefits: a) the following licensing, OFFICE rent, housing headquarters and recruiting people to work for the Vietnam Office under the provisions of the law of Vietnam.
b) OFFICE, head of REPRESENTATIVE OFFICE and Office staff is foreigners are entitled to priority for tax range mode according to the relevant laws of Vietnam applies to representative offices of international organizations in Vietnam.
2. The obligations and responsibilities of the OFFICE: a Chief REPRESENTATIVE OFFICE) is responsible for compliance with the regulations outlined in article 14 of the Decree. A REPRESENTATIVE OFFICE is responsible for implementing the reporting regime six months on l5/6 and every year on December 15, sent to the Foreign Ministry and Vietnam governing body involved. Asked about the content of periodic reports to apply according to the accompanying circular Form (form No. 02/BNG-OFFICE).
b) Of foreigners and the number of employees who work at the Vietnam Office does not exceed the number specified in the licence. If there is increased demand, employees must be allowed by the governing body concerned Vietnam.
c) Head OFFICE has the responsibility of ensuring that no employee of their organization is conducting the lucrative activity or any other activity not related to the survey and the implementation of the programme, the project stated in the application for permission to set up REPRESENTATIVE OFFICES.
d) Chief REPRESENTATIVE OFFICE is responsible for ensuring the relatives and those who follow the Organization's staff themselves were not conducting professional activities, career service if not allowed by the governing body concerned Vietnam.
e) Chief REPRESENTATIVE OFFICE is responsible for ensuring the OFFICE staff and their relatives accepted the law, to respect the Customs and usages of Vietnam.
f/officers, employees who work in foreign REPRESENTATIVE OFFICE is obliged to close income tax according to the current rules of the law of Vietnam.
VI. RESPONSIBILITIES Of The STATE ADMINISTRATION For OFFICE 1. The State Government to unify the State management for the OFFICE, in cooperation with the governing body Vietnam, PPC/cities where foreign institutions put REPRESENTATIVE OFFICES and ministries, relevant agencies implement state management for the OFFICE under the provisions referred to in Articles 15, 16 and 17 of the decree and responsible : a) guide the licensing procedure, please;
b) opinions written by the governing body concerned on Vietnam, field OFFICE activities, PPC/cities where foreign institutions please put OFFICE and ministries, relevant agencies when reviewing, amendment, renewal, suspension and the decision to revoke the licence;
c) suggestion to consult with the governing body about the Vietnam text of agreement (MOU);
d) The governing body Vietnam, PPC/local cities where foreign institutions put REPRESENTATIVE OFFICES, ministries and agencies are responsible for building the report on the State of activity of the REPRESENTATIVE OFFICE and transferred to the Ministry of Foreign Affairs in the first week of December each year to the State Department annual report synthesis process of the Prime Minister.
2. The governing body Vietnam as stipulated in article 16 of the decree is responsible for: a) reply in writing to the Ministry of Foreign Affairs about the industry, the area where the OFFICE operates in the grant review process, renewal, amendment and revocation of license;
b) presiding over the drafting and signing of the text deals with related foreign institutions according to the content of the provisions of article 18 of the Decree c) instructions and the required resolution of the REPRESENTATIVE OFFICES of the specialized areas and issues related to legal procedures to REPRESENTATIVE OFFICE was established and operated in accordance with the law;
d) instructions, local departments in the industry, by the industry, field management in the management of the activities of the REPRESENTATIVE OFFICE;
DD) track, the urge, to check the activities of the OFFICE in the field, by the Ministry of industry, management;
e) made the regime annual reports sent the Foreign Ministry about the situation of REPRESENTATIVE OFFICE activities to aggregate Foreign Ministry reported the Prime Minister.
3. Ppc, central cities where foreign institutions put the OFFICE as defined in article 17 of the decree is responsible for: a) make favorable and active management of REPRESENTATIVE OFFICES by function, state management authority;
b) respond in writing to the Ministry of Foreign Affairs when considering the most recent REPRESENTATIVE Office and revoke the license;
c) make annual reporting regime sent the Foreign Ministry about the situation of REPRESENTATIVE OFFICE activities to aggregate Foreign Ministry reported the Prime Minister;
4. The relevant ministries and agencies are responsible for: a) to reply in writing to the Ministry of Foreign Affairs about the industry, the field OFFICE work when considering granting, renewal, amendment and revocation of license;
b) instructions, local departments in the industry, by the industry, field management in the management of the activities of the REPRESENTATIVE OFFICE;
c) track, the urge, check the operation of the OFFICE by sector, by the Ministry of industry, management;
d) annual general assessment report sent the Foreign Ministry about the situation of REPRESENTATIVE OFFICE activities to aggregate Foreign Ministry reported the Prime Minister;
VII. On the IMPLEMENTATION of this circular effect after 15 days from the date of public notice in the process of implementing the Decree, if there are problems, the Ministry, local and relevant units reflect timely the Foreign Ministry to study, modify and supplement if necessary.