Chương 3 Nghị định 100/2011/NĐ-CP quy định về thành lập và hoạt động văn phòng đại diện của tổ chức xúc tiến thương mại nước ngoài tại Việt Nam : Cấp, cấp lại, sửa đổi, bổ sung, gia hạn giấy phép thành lập văn phòng đại diện

Chapter III

GRANT, RE-GRANT, MODIFICATION, SUPPLEMENTATION AND EXTENSION OF LICENSES FOR ESTABLISHMENT OF REPRESENTATIVE OFFICES

Article 14. Order and time limit for grant of licenses for establishment of representative offices

1. A foreign trade promotion organization shall send one set of dossier of application for a license to establish a representative office to the Ministry of Industry and Trade (the Vietnam Trade Promotion Agency).

2. Within 20 days after receiving a complete and valid dossier, the licensing agency shall consider and grant to the foreign trade promotion organization a representative office establishment license and send a copy thereof to the People's Committee of the province or centrally run city (below referred collectively to as provincial-level People's Committee), the provincial-level Industry and Trade Department, tax agency, statistics office and public security office of the locality where the representative office is based. If refusing to grant a license, the licensing agency shall reply in writing, clearly stating the reason.

3. In case a dossier is invalid, within three working days after receiving it, the licensing agency shall notify such in writing to the foreign trade promotion organization for supplementation and completion of the dossier.

4. The time limits mentioned in Clauses 2 and 3 of this Article do not include the time for a foreign trade promotion organization to modify and supplement its dossier of application.

5. A representative office establishment license has a term of up to five years, which must, however, not exceed the remaining period of the establishment license or paper of equivalent validity of the foreign trade promotion organization in case the law of the country where such organization is established provides the validity term of an establishment license.

Article 15. Dossiers of application for representative office establishment licenses

1. A dossier of application for a representative office establishment license comprises:

a/ The application for a representative office establishment license, made according to a set form and signed by a competent representative of the foreign trade promotion organization;

b/ The document of a competent foreign state agency permitting the establishment of a representative office in Vietnam;

c/ A copy of the establishment license or paper of equivalent validity of the foreign trade promotion organization, certified by a competent agency in the country where the foreign trade promotion organization is established;

d/ A copy of the charter or operation regulation of the foreign trade promotion organization;

e/ The tentative charier or operation regulation of the representative office in Vietnam;

f/ The report on last year's activities of the foreign trade promotion organization and activities to be carried out in Vietnam;

g/ The resume of the expected chief of the representative office and his/her appointment document;

2. The documents specified at Points b, c, d, e, f and g, Clause 1 of this Article must have Vietnamese translations consularly legalized under law.

Article 16. Cases of non-grant of representative office establishment licenses

The licensing agency shall not grant a license to a foreign trade promotion organization in the following cases:

1. The foreign trade promotion organization fails to fully meet the conditions specified in Article 5 of this Decree;

2. The foreign trade promotion organization does business in goods and services;

3. The foreign trade promotion organization applies for a representative office establishment license within two years after it has such license revoked under Clause 2, Article 23 of this Decree;

4. There is evidence that the establishment of a representative office will be detrimental to Vietnam's national defense, security, social order or safety, historical or cultural traditions, ethics or fine customs and practices or people's health, or will destroy natural resources or pollute the environment;

5. The dossier of application is invalid and is not completed as requested by the licensing agency;

6. Other cases as provided by law.

Article 17. Modification and supplemen­tation of representative office establishment licenses

1. Within 10 working days after any of the following changes occurs, a foreign trade promotion organization shall send one set of dossier of request for modification or supplemen­tation of the representative office establishment license to a competent agency for carrying out license modification or supplementation procedures:

a/ Change of the chief of the representative office:

b/ Relocation of the head office of the foreign trade promotion organization;

c/ Relocation of the head office of the representative office within a province or centrally run city;

d/ Change of the name or operation of the representative office indicated in its license.

2. A dossier of request for modification or supplementation of a representative office establishment license comprises:

a/ A written request for modification or supplementation of a representative office establishment license, made according to a set form and signed by a competent representative of the foreign trade promotion organization;

b/ A copy (not necessarily notarized) of the license.

3. Within 10 working days after receiving a valid dossier of a foreign trade promotion organization, the licensing agency shall modify or supplement the license and send copies of the modified or supplemented license to agencies defined in Clause 2, Article 14 of this Decree.

Article 18. Re-grant of representative office establishment licenses

1. Within 15 days after any of the following cases occurs, a foreign trade promotion organization shall send one set of dossier of application for re-grant of a representative office establishment license to the licensing agency:

a/ Relocation of the head office of the representative office from one province or centrally run city to another;

b/ Change of the name or place of registration of establishment of the foreign trade promotion organization from one country to another;

c/ Change of operation of the foreign trade promotion organization.

2. In case the representative office establishment license is lost, torn or destroyed, immediately after such event occurs, a foreign trade promotion organization shall carry out procedures for the re-grant thereof at the licensing agency.

Article 19. Dossiers of request for re-grant of representative office establishment licenses

1. A dossier of request for re-grant of a representative office establishment license in the case specified at Point a, Clause 1, Article 18 of this Decree comprises:

a/ A written request for re-grant of a representative office establishment license, made according to a set form and signed by a competent representative of the foreign trade promotion organization;

b/ A copy (not necessarily notarized) of the license.

2. A dossier of request for re-grant of a representative office establishment license in the case specified at Point b or c, Clause 1, Article 18 of this Decree comprises:

a/ A written request for re-grant of a representative office establishment license, made according to a set form and signed by a competent representative of the foreign trade promotion organization;

b/ A copy of the establishment registration paper or a paper of equivalent validity of the foreign trade promotion organization, certified by a competent agency of the place where the foreign trade promotion organization is established or registers its business. This copy must be translated into Vietnamese and consularly legalized under Vietnamese law;

c/ A copy (not necessarily notarized) of the license.

3. A dossier of request for re-grant of a representative office establishment license in the case specified in Clause 2, Article 18 of this Decree comprises:

a/ A written request for re-grant of a representative office establishment license, made according to a set form and signed by a competent representative of the foreign trade promotion organization;

b/ A copy (not necessarily notarized) of the license.

Article 20. Extension of representative office establishment licenses

1. A foreign trade promotion organization may have its representative office establishment license extended when fully meeting the following cases:

a/ It wishes to continue operation in Vietnam in the form of representative office;

b/ It still operates under the law of the country where it is established;

c/ It commits no violation of Vietnamese law concerning the operation of representative offices.

2. A dossier of request for extension of a representative office establishment license comprises:

a/ A written request for extension of the representative office establishment license, made according to a set form and signed by a competent representative of the foreign trade promotion organization;

b/ The last year's audited financial statement or another document of equivalent validity evidencing the actual existence and operation of the foreign trade promotion organization. The papers mentioned at this Point must be translated into Vietnamese and certified and consularly legalized by an overseas Vietnamese diplomatic representative mission or consulate under Vietnamese law;

c/ The representative office's activity report as of the time of request for extension;

d/ The original of the granted representative office establishment license,

3. Within at least 30 days before the representative office establishment license expires, a foreign trade promotion organization shall carry out procedures for its extension.

4. The lime limit for the licensing agency to carry out procedures for extension of representative office establishment licenses is the same as that for the grant of new representative office establishment licenses specified in Article 14 of this Decree.

5. Upon the expiration of the time limit specified in Clause 4 of this Article, if the licensing agency refuses to extend the representative office establishment license, it shall notify in writing the reason for refusal to the trade promotion organization.

6. The licensing agency shall notify the extension or non-extension of the license to the agencies defined in Clause 2, Article 14 of this Decree.

7. The period of extension complies with the term of the license of a representative office under Clause 5, Article 14 of this Decree.

Article 21. Fees for the grant, re-grant, modification, supplementation and extension of representative office establishment licenses

1. Foreign trade promotion organizations shall pay fees for the grant, re-grant, modification, supplementation and extension of representative office establishment licenses.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, stipulating specific levels and the management of fees for the grant, re-grant, modification, supplementation and extension of representative office establishment licenses.