Chương I 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: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides detailed regulations on the establishment, operation, rights and obligations of representative offices and branches of foreign traders in Vietnam under the law on Commerce.

2. Where representative offices or branches of foreign traders specialize in fields prescribed by specialized legislative documents, the establishment of such representative offices or branches shall comply with provisions promulgated in the respective specialized legislative documents.

Article 2. Regulated entities

1. This Decree applies to foreign traders, representative offices and branches of such foreign traders in Vietnam (hereinafter referred to as representative offices and branches).

2. Representative offices and branches of foreign-invested enterprises incorporated in Vietnam shall not be governed by this Decree.

Article 3. The right to establish representative offices or branches of foreign traders in Vietnam

1. Foreign traders are entitled to establish their representative offices or branches in Vietnam according to Vietnam’s commitments to treaties to which Vietnam is a signatory.

2. Each foreign trader shall not establish more than one representative office or branch that has the same name within a province or centrally-affiliated city (hereinafter referred to as “province”).

Article 4. Obligations of foreign traders to the operation of their representative offices and branches

Foreign traders shall be legally responsible for the entire operations of their representative offices or branches in Vietnam.

Article 5. The power to grant Licenses for Establishment of representative offices

1. The Department of Industry and Trade of the province where the representative office is expected to be located outside industrial parks, export-processing zones, economic zones or hi-tech zones shall grant, re-grant, adjust, extend or revoke the License for Establishment of the representative office and shall have the power to have such representative office shut down in case the establishment of the representative office has not been prescribed by specialized legislative documents.

2. Management Boards of industrial parks, export-processing zones, economic zones or hi-tech zones (hereinafter referred to as Management Boards) shall grant, re-grant, adjust, extend or revoke the License for Establishment of the representative office and shall have the power to suspend the operation of such representative offices located in industrial parks, export-processing zones , economic zones or hi-tech zones in case the establishment of such representative offices has not been prescribed by specialized legislative documents.

Article 6. The power to grant of Licenses for Establishment of branches

The Department of Industry and Trade of the province shall have the power to grant, re-grant, adjust, extend or revoke the License for Establishment of branches and shall have the power to have such branches shut down in case the establishment of such branches has not been prescribed by specialized legislative documents.