CIRCULAR guide implementation of Decree No. 72/2006/ND-CP dated 25 July 2006 from the Government detailing the commercial law regarding representative offices, branches of foreign traders in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government function duties, powers and organization of the Ministry of Commerce;
Pursuant to Decree No. 72/2006/ND-CP dated 25 July 2006 from the Government detailing the commercial law regarding representative offices, branches of foreign traders in Vietnam (hereinafter referred to as the Decree No. 72/2006/ND-CP);
Ministry of Commerce Guide profile, sequence, procedure, restored, modified, supplemented, extended license branches, representative offices, reported the activity, activity reports, termination of activity of representative office, branch foreign traders in Vietnam under the provisions of Decree No. 72/2006/ND-CP DATED as follows : i. GENERAL PROVISIONS 1. The Agency issued, reissued, amended, supplemented, renewed, revoked the license to establish a representative office, branch of the foreign traders in Vietnam (hereinafter referred to as the licensing agency) a) Ministry of trade is, again, to modify, Supplement, extend, revoke (modified the following supplements, known collectively as adjusted) license branches of foreign traders (hereinafter referred to as affiliates).
b) Department of trade or Commerce Department of tourism of the province, central cities (hereafter referred to as the Commerce Department) is, again, adjusted, renewed, revoked the license to establish a representative office of foreign trade (hereinafter referred to as the Office) within the scope of local management.
2. The responsibility of the licensing authority a) level, level back, adjusted, renewed, revoked the license to establish a representative office, branch for foreign traders under the provisions of Decree No. 72/2006/ND-CP b) consider the termination of activity of representative office, branch under the provisions of Decree No. 72/2006/ND-CP and the guidance in this circular.
c) Collecting, managing and using the fee level, the level again, adjust the license renewal, established a representative office, branch under the guidance of the Ministry of finance.
d) full implementation of recordkeeping regime level, level back, adjusted, renewed, revoked the license to establish a representative office, branch in accordance with the provisions of the law on archives.
DD) hosted, in cooperation with the State Agency has the authority to inspect and supervise the process of the Organization, the activities of the representative office, branch; detect and handle according to the jurisdiction or competent authority proposal handling according to law the violation of the representative office, branch.
e) Ministry of Commerce is responsible for publicizing information on representative offices, branches of foreign traders in Vietnam on the Department of Commerce's website: http://www.mot.gov.vn; construction management software, representative offices, affiliates and manual software management, updated information on the representative office for the Commerce Department.
g) The Commerce Department has the responsibility to update the information on the new level, level back, modified, supplemented, renewed, revoked the license to establish a representative office of foreign traders at the local one a month under information management software was the Department of Commerce guidelines and General recurring reports to the Ministry of trade as stipulated in paragraph 3 Article 26 of Decree 72/2006/ND-CP. h) other duties as prescribed by law.
3. General conditions on resumes, level back, adjust, renewal of license of the representative office, branch a) the papers due to foreign bodies or authorities confirm for the record offices, branch under the provisions of Decree No. 72/2006/ND-CP and the guidance in this circular must be legalized by the Consulate of the French regulations the law of Vietnam and Vietnamese translation; translations, copies must be certified in accordance with the law of Vietnam.
b) copies of the papers by the competent bodies or Vietnam confirmed for representative office, branch under the provisions of Decree No. 72/2006/ND-CP and this circular guides must be certified in accordance with the law of Vietnam.
II. RECOMMENDED RECORDS ISSUED, REISSUED, Adapt, EXTEND The LICENSE Of The REPRESENTATIVE OFFICE, BRANCH 1. Records suggest a license to establish a representative office, branch records suggest a license to establish a representative office, Branch includes the papers specified in article 5 of Decree 72/2006/ND-CP, including: a) Licensing application to establish a representative office , Branch follow the model MĐ-1 Annex I attached to this circular;
b) other materials of equivalent value as stipulated in paragraph 1 c and d item 2 article 5 of Decree 72/2006/ND-CP include: text to confirm the implementation of tax or financial obligations in the most recent fiscal year by the competent authority where foreign traders established level or other text to be independent organizations authorities, or to confirm the existence and operation of foreign traders in the most recent fiscal year.
2. proposed adjustment profile license representative office, branch records suggest tuning license representative office, Branch includes the papers specified in item 2 article 10 of Decree 72/2006/ND-CP, which permit adjustment form follow the model MĐ-2 Annex I attached to this circular.
3. recommended records re-issued the license to establish a representative office, branch as defined in article 11 of Decree 72/2006/ND-CP records suggest level license representative office, branch in cases stipulated in article 11 of Decree 72/2006/ND-CP comprises the papers specified in article 12 of Decree 72/2006/ND-CP in which level of license application made under model MĐ-3 Annex I attached to this circular.
4. recommended records re-issued the license to establish a representative office, branch according to the provisions of article 31 of Decree No. 72/2006/ND-CP a) recommended records re-issued the license to establish a representative office, branch-level suggestion back in case the license to establish a representative office The branch, in accordance with article 31 of Decree 72/2006/ND-CP comprises the papers specified in clause 2 article 12 of Decree 72/2006/ND-CP, which petition reissued license follow the model MĐ-3 Annex I attached to this circular.
b) content activities of a representative office, branch indicated on the permit back hold as active content of representative office, branch indicated on the licence has been granted, except where the instructions in point d of this paragraph.
c) the term of the license granted in return for representative office, Branch made in accordance with paragraph 3 to article 4 of Decree 72/2006/ND-CP. d) in the case of a representative office, branch activities in the fields of trade and tourism under license to establish a representative office, branch has granted under Decree 45/2000/ND-CP dated 6 September 2000 by the Government of rules of representative offices, branches of foreign traders and foreign travel business in Vietnam, the licensing authority according to the instructions in paragraph 1 of this circular section I just made to license Office in accordance with the provisions of article 16 of Decree 72/2006/ND-CP and reissuing licenses suitable branch with the provisions in paragraph 2 article 2 and article 17 of Decree 72/2006/ND-CP.

The active content in the field of tourism representative office, branch specified in the licence has been granted under Decree 45/2000/ND-CP continues to be valid; the case of the new legal text regulating representative office, branch of activity in the field of tourism, then follow the legal text. 
5. License renewal records established a representative office, branch records suggest renewed license representative office, Branch includes the papers specified in clause 2 article 14 of Decree 72/2006/ND-CP, including: a) to renew the licence application made under model MĐ-4 Annex I attached to this circular;
b) other materials of equivalent value as defined in point b of paragraph 2 article 14 of Decree 72/2006/ND-CP include: text to confirm the implementation of tax or financial obligations in the most recent fiscal year by the competent authority where foreign traders established level or other text to be independent organizations certifying authority, to prove the existence and operation of foreign traders in the most recent fiscal year.
6. extended profile and adjust the license to establish a representative office, branch in case foreign traders suggest renewed simultaneously with the tuning license branch, representative office in Vietnam, records suggest renewed and adjusted as for renewals. Petition to extend and adjust license follow the model MĐ-5 Annex I attached to this circular.
III. Order PROCEDURES, LEVEL BACK, ADJUST The LICENSE RENEWAL, ESTABLISHED A REPRESENTATIVE OFFICE, BRANCH 1. Receiving a profile) foreign traders submission of grant proposals, level back, adjust the license renewal, established a representative office, branch according to the detailed instructions in section II of this circular to the licensing authority specified in clause 1 section I. 
b) licensing agency receiving records of foreign traders and record receipt. A receipt was 3 a form guide in Appendix VI attached to this circular: 1 a given foreign merchant or person legally authorized by the foreign traders, 1 a save in the clerical Division of receiving records, 1 a division directly handle the enclosed profile profile of traders.  
c) case records are not yet valid, within 3 working days from the date of receiving records, licensing agency must inform in writing to additional foreign traders, complete the profile.
d) filing, receiving and processing the records through electronic information networks is done according to the regulations of the licensing authority, but must ensure the time limit as stipulated in Decree No. 72/2006/ND-CP DATED. 2. The a records appraisal) Licensing Agency made the evaluation profile according to the deadline specified in Decree 72/2006/ND-CP on the basis of received and the provisions of the law. The time limit for the evaluation profile is calculated from the time of the licensing agency received the documents under the provisions of Decree No. 72/2006/ND-CP and instructions in clause 1 of this Section.
b) results verify the merchant's profile content is the basis for licensing bodies decide to approve or not approve the grant, the grant of leave, adjusted, renewed license.
3. The form and number of licenses to establish a representative office, branch a) license offices follow Model GP-1 Appendix II, license branch follow Model GP-2 Appendix II attached to this circular. How to write content license details follow instructions in annex VIII, attached to this circular.
b) license to establish a representative office include the codes and the code number of the representative office. The codes are written separated by hyphens, where:-the code consists of 2 characters (Guide in Appendix VII attached to this circular);
-Code number of offices consists of 6 characters, from 000001 to 999999.
For example: the number of licenses on the license issued to the tenth representative office in Hanoi are scored as follows: 1-000010 c) Of license branch consists of order code branch: 6 characters, from 000001 to 999999.
d) license number indicated on the license to establish a representative office, branch has adjusted, level back and extend the number indicated on the licence has been issued before.
4. License to establish a representative office, branch a) license to establish a representative office, branch must be given licensing agency directly for the head office, branch or authorized legal representative of foreign traders and the person receiving the licence must subscribe to the registry as specified by the licensing authority.
b) in the case of adapt, sublicense (except level again by the licence were destroyed or lost prescriptions in paragraph 2 article 11 of Decree 72/2006/ND-CP) licensing agency revoking a licence was granted. The cover remains the same, only license revoked, changed bowel license page.
c) licensing bodies done fee levels, level back, adjust, renew licenses before license for traders and under the guidance of the Ministry of finance.
IV. REPORTED Activities, REPORTING ACTIVITIES Of A REPRESENTATIVE OFFICE, BRANCH 1. Notice the activity of representative office, branch to a licensing agency) informed the representative office's operations, branch to the licensing body as defined in paragraph 2 and paragraph 3 article 8 Decree No. 72/2006/ND-CP follow form (at Appendix III) attached to this circular.
b) licensing agency receives the notice of the foreign traders following the instructions in point a of this paragraph and write a receipt. A receipt was 3 a form (at Appendix VI) attached to this circular: 1 a given foreign traders or person legally authorized by the foreign traders, 1 a save at the clerical Division, 1st a division directly handle the enclosed profile profile of traders.  
c) Agency license after receiving notice of the instructions in point b of this clause is responsible for checking the validity of the notice and the accompanying papers within 3 working days and notified in writing to the representative office, the branch requires additional amendments in case the message or the attached papers not yet valid.
d) after the completion of the procedure of reissuing permits operation of the representative office as defined in art. 1 article 11 of Decree 72/2006/ND-CP, representative offices must perform the procedure reported according to the instructions in points a, b, c of this paragraph.
2. the report mode operation of the representative office, branch a) periodic activity report of the Office of the representative Sample made in BC-1 annex IV, branch follow the form BC-2 annex IV attached to this circular. The report must be made in full, accurate, honest and timely submission as specified in clause 1 article 19 of Decree 72/2006/ND-CP b) during operations in Vietnam, if there is a change in personnel was recruited to work at the representative office, branch, within 10 days of the change , Representative offices, affiliates must submit reports accompanied by copies of the relevant documents to the licensing authority.
V. TERMINATION Of ACTIVITY Of REPRESENTATIVE OFFICE, BRANCH 1. The termination of activity of representative office, branch under the circumstances specified in point a, b, c paragraph 1 Article 22 of Decree 72/2006/ND-CP 

a) announcements expected termination of activity of representative office, branch as defined in clause 2 Article 22 of Decree 72/2006/ND-CP follow Model TB-1 Appendix V attached to this circular. Licensing Agency is responsible to confirm in writing about the expected termination of activity of representative office, branch to serve as a basis for representative office, branch completed the related obligations.
b) after fulfilling the obligations stipulated in paragraph 3 Article 23 of Decree 72/2006/ND-CP, Representative Office, branch reported to the licensing agency under model TB-2 Appendix V attached to this circular.
c) licensing agency receives the notice of the foreign traders following the instructions in point b of this clause and write a receipt. A receipt was 3 a form (at Appendix VI) attached to this circular: 1 a given foreign traders or person legally authorized by the foreign traders, 1 a save at the clerical Division, 1st a division directly handle the enclosed profile profile of traders.  
d) permit-issuing body after receipt of the notice according to the instructions in point b of this clause is responsible for checking the validity of the notice and the accompanying papers within 3 working days and notified in writing to the representative office, branch of the revised requirements supplements in case of notice or accompanying papers not yet valid. Within 10 working days from the date of the notice and other legal documents, the licensing agency evaluation of the completion of the obligations of the representative office, branch and the procedures for clearing the name of representative office, branch in the registry under the provisions of paragraph 4 Article 22 of Decree 72/2006/ND-CP DATED. 2. The termination of activity of representative office, branch as defined in point d, paragraph 1 Article 22 of Decree 72/2006/ND-CP a) decided not to renew, revoke the licence to establish a representative office, branch at the same time as the decision to terminate the operation, which must specify the reason not renewed , the reason for the revocation and termination of activities.
b permit must supply agency) announced the termination of activity of representative office, branch as defined in paragraph 3 Article 22 of Decree 72/2006/ND-CP of. c) after completion of the obligations prescribed in paragraph 4 to article 23 of Decree 72/2006/ND-CP, Representative Office Notice to branch, the Agency licensed under model TB-2 Appendix V attached to this circular.
d) licensing agency receives the notice of the foreign traders are instructed in point b of this clause and write a receipt. A receipt was 3 a form (at Appendix VI) attached to this circular: 1 a given foreign traders or person legally authorized by the foreign traders, 1 a save at the clerical Division, 1st a division directly handle the enclosed profile profile of traders.     
VI. IMPLEMENTATION 1. Service planning and investment, Ministry of Commerce is responsible for implementing the grant, grant, modify, complement, extend, revoke the license branch as defined in paragraph 1 of article 3 of Decree 72/2006/ND-CP and guide of this circular.
2. Service of e-commerce, the Ministry of Commerce is responsible for construction management software implementation, information about representative office, branch and coordinate with Service planning and investment in updating, public statistics and related information in the process of implementing State management functions for offices , Branch on the Department of Commerce's website: http://www.mot.gov.vn; set the channel information and manual software management, updated information on the representative office for the Commerce Department.
3. The Commerce Department made the tasks within the scope of their functions as specified in paragraph 2 of article 3, article 26 of Decree No. 72/2006/ND-CP and guide of this circular.
4. This circular have effect after 15 days from the date The quote and replace the content related to the representative office, branch of the foreign traders (does not include foreign travel business) in circular No. 20/2000/TTLT-BTM-TCDL on 20 October 2000 of the Ministry of Commerce and tourism.
5. During the implementation of this circular, if problems arise, the Organization, the individual concerned urgently to reflect about The trade to timely handle./.