Chapter V
STATE MANAGEMENT AND ACTIONS AGAINST VIOLATIONS
Article 42. Actions against violations
Any foreign-invested business entity violating regulations and laws on sale of goods and other related activities and violating this Decree shall face, depending on the nature and severity of the violations, administrative penalties as prescribed by law.
Article 43. Revocation of business licenses and licenses for setting up a retail outlet
1. A business license shall be revoked in one of the following cases:
a) The business registration certificate is revoked;
b) The certificate of registration for sale of goods and other related activities is revoked;
c) The declaration in the application for issuance, reissuance, or modification of business license is forged;
d) Suspension of sale of goods and other related activities more than 12 months without any report to the licensing agency;
dd) Violating periodical reporting as prescribed in Point a Clause 1 Article 40 hereof within 24 consecutive months;
e) Failing to send reports, documents, and representation as prescribed in Point b Clause 1 Article 40 of this Decree after 3 months from the expiry date as required.
2. A license for establishment of retail outlet shall be revoked in one of the following cases:
a) A certificate of registration for investment or equivalent document of the project setting up retail outlet, or the business license is revoked;
b) The declaration in the application for issuance, reissuance, modification or renewal of business license is forged;
c) After 12 months from the date on which the license for establishment of retail outlet is issued, the foreign-invested business entity neither obtains a required certificate of registration for investment nor reports it to the licensing agency;
d) After 24 months from the date on which the license for establishment of retail outlet is issued, the foreign-invested business entity does not obtain a required certificate of registration for investment;
dd) The retailing has been suspended more than 12 months without reporting it to the licensing agency;
e) Violating periodical reporting as prescribed in Point a Clause 1 Article 40 hereof within 24 consecutive months;
g) Failing to send reports, documents, and representation as prescribed in Point b Clause 1 Article 40 of this Decree after 3 months from the expiry date as required.
3. Revocation of business licenses and licenses for setting up a retail outlet
a) In case of circumstance prescribed in Point a Clause 1 Article 43, Point a Clause 2 Article 43 hereof:
The licensing agency shall issue a decision on revocation of business license or a decision on revocation of license for establishment of retail outlet (form No. 15 of Appendix issued herewith).
b) In case of circumstance prescribed in Point b Clause 1 Article 43 hereof
Within 30 days from the date on which the certificate of registration for investment or equivalent document of the project associated with sale of goods and other related activities is revoked, the foreign-invested business entity shall send a copy of the decision on revocation of certificate of registration for investment to the licensing agency.
In the event that the whole of objectives of the investment project having its certificate of registration for investment revoked associates with sale of goods and other related activities with a business license issued, the licensing agency shall revoke the business license.
In the event that a part of objectives of the investment project having its certificate of registration for investment revoked associates with sale of goods and other related activities with a business license issued, the licensing agency shall revoke such part in the business license.
c) If the declaration in the application for issuance, reissuance of business license; issuance, reissuance, or renewal of license for establishment of retail outlet is forged,
The licensing agency shall give a notice of violation and issue a decision on revocation of the issued or re-issued business license; a decision on revocation of the issued, re-issued, or renewed license for establishment of retail outlet.
d) If the declaration in the application for modification of business license or license for establishment of retail outlet is forged,
the licensing agency shall give a notice of violation and issue a decision on cancelation of the modified information in business license or license for establishment of retail outlet according to the forged information; restore the information in the former business license or license for establishment of retail outlet, and send a notification to competent authority as prescribed by law.
dd) In case of circumstances prescribed in Points d, dd, and e Clause 1 and Points c, d, dd, e and g Clause 2 Article 43 hereof
The licensing agency shall request the legal representative of the foreign-invested business entity in writing to make representation. After 15 days from the expiry date, if the representative does not come or come but give improper representation, the licensing agency issues a decision on revocation of business license or decision on revocation of license for establishment of retail outlet.
Article 44. Suspension of sale of goods and other related activities
1. A foreign-invested business entity is entitled to suspend sale of goods and other related activities within 12 months.
2. When the sale of goods and other related activities is suspended, the foreign-invested business entity shall have duties to:
a) Comply with law on suspension of business;
b) Send a copy of the document certifying the suspension or continuity in operation ahead of schedule of issuing authority within 10 working days to post it on the database system.
Article 45. Termination of sale of goods and other related activities
1. Circumstances of termination of sale of goods and other related activities:
a) The foreign-invested business entity terminates the sale of goods and other related activities;
b) The validity period of business license expires without applying for a new license; or the validity period of license for establishment of retail outlet expires without applying for renewal of license;
c) The validity period of business license expires without approving for the issuance of new license; or the validity period of license for establishment of retail outlet expires without approving for renewal of license;
d) Sale of goods and other related activities is terminated; business license or license for establishment of retail outlet is revoked as stipulated in Article 43 of this Decree.
2. Termination of sale of goods and other related activities shall be done as follows:
a) In case of circumstance prescribed in Points and b Clause 1 of this Article
Within 15 days from the decision on termination or 15 days before the expiry date of business license or license for establishment of retail outlet, the foreign-invested business entity send a notice of termination of sale of goods and other related activities, or notice of termination of retail outlet to the licensing agency.
Within 10 working days from the date on which the notice of termination is received, the licensing agency issues a decision on termination (using form No. 16 of Appendix issued herewith).
Within 5 working days from the date on which the decision on termination is received, the foreign-invested business entity shall return the original license to the licensing agency.
b) In case of circumstance prescribed in Point c Clause 1 of this Article
The business license or license for establishment of retail outlet of the foreign-invested business entity shall terminate from the send a notice of termination of sale of goods and other related activities, or notice of termination of retail outlet to the licensing agency.
c) In case of circumstance prescribed in Point d Clause 1 of this Article
The business license or license for establishment of retail outlet of the foreign-invested business entity shall terminate from the date as specified in the decision on revocation of business license or license for establishment of retail outlet. Within 5 working days from the date on which the decision on revocation of business license or license for establishment of retail outlet, the foreign-invested business entity shall return the original of business license or license for establishment of retail outlet to the licensing agency.
Tìm kiếm
Nghị định 09/2018/NĐ-CP (Bản Word)
Nghị định 09/2018/NĐ-CP (Bản Pdf)
