Chương V 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: Quản lý nhà nước đối với hoạt động của văn phòng đại diện, chi nhánh

Chapter V

STATE MANAGEMENT OF REPRESENTATIVE OFFICES OR BRANCHES OF FOREIGN TRADERS IN VIETNAM

Article 39. Responsibilities of Ministry of Industry and Trade

1. Issue application forms for grant, re-grant, adjustment and extension of the license of establishment of representative offices or branches; blank forms of such licenses; reporting forms used for representative offices and branches; and reporting forms used for Departments of Industry and Trade and Management Boards.

2. Publish Vietnam's commitments to representative offices or branches of foreign traders in Vietnam stipulated stated in treaties to which Vietnam is a signatory.

3. Inspect the State management of representative offices or branches of foreign traders nationwide.

4. Take charge of and cooperate with relevant Ministries, regulatory bodies, and local governments to inspect representative offices or branches in some necessary cases or upon requests of Ministries, regulatory bodies, and local governments.

5. Take charge of and cooperate with Ministries, regulatory bodies, and local governments to create database of representative offices or branches.

6. Deal with violations committed by representative offices or branches of foreign traders within the jurisdiction.

Article 40. Responsibilities of relevant Ministries and regulatory bodies

1. Cooperate with the Ministry of Industry and Trade, Departments of Industry and Trade and Management Boards in the grant, adjustment and grant of extension of License for Establishment of representative offices or branches under provisions of clause 4 of Article 11, clause 2 of Article 13, clause 5 of Article 17 and clause 5 of Article 23 hereof.

2. Cooperate with the Ministry of Industry and Trade, Departments of Industry and Trade and Management Boards in the State management of representative offices or branches under provisions of clause 4 of Article 39 and clause 3 of Article 41 hereof.

3. Cooperate with the Ministry of Industry and Trade to create database of representative offices or branches in accordance with the provision of clause 5, article 39 hereof.

Article 41. Responsibilities of People's Committees of provinces

1. Control the operation of representative offices or branches of foreign traders within the province.

2. Direct Departments of Industry and Trade and Management Boards to inspect representative offices or branches in some necessary cases or to conduct inter-sectoral inspection upon requests of regulatory authorities.

3. Cooperate with relevant Ministries and regulatory bodies in the State management of representative offices or branches within the province.

Article 42. Responsibilities of Departments of Industry and Trade

1. Control the operations of representative offices or branches within the province.

2. Annually submit status reports on grant, re-grant, adjustment, grant of extension or revocation of the License for Establishment of representative offices and suspension of representative offices within their province by 30^th of January .

Article 43. Handling of violations

Foreign traders and their representative offices or branches offending provisions hereof shall be subject to penalties depending on the nature and severity of the violation under laws on action handling of administrative penalties .

Article 44. Revocation of Licenses for Establishment of representative offices and branches of foreign traders

The License for Establishment of representative offices or branches shall be revoked if such representative offices or branches :

1. Fail to come into operation for 01 year and fail to enter into transactions with licensing agencies.

2. Fail to submit reports on the operation of the representative office or branch for 02 consecutive years.

3. Fail to submit reports stipulated in clause 2, Article 32 hereof to the licensing agency within 06 months from the deadline of submission or at the written request of the licensing agency.

4. Be governed by provisions of laws.