Chương 4 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 : Thanh tra, kiểm tra, xử lý vi phạm và khiếu nại, tố cáo

Chapter IV

INSPECTION, EXAMINATION, HANDLING OF VIOLATIONS AND COMPLAINTS AND DENUNCIATIONS

Article 22. Inspection, examination

1. In the course of operation, a representative office shall submit to the inspection and examination by the competent agencies defined in Article 3 of this Decree and other competent agencies under Vietnamese law. Inspection and examination of a representative office must be conducted strictly according to functions and competence and the inspection and examination law.

2. A person who issues an inspection or examination decision against law or abuses inspection or examination to hassle and trouble activities of a representative office shall, depending on the seriousness of his/her violation, be disciplined or examined for penal liability and, if causing damage, pay compensation under law.

Article 23. Handling of violations

1. A foreign trade promotion organization or representative office that commits an act in violation of this Decree or any of the following specific acts shall, depending on the nature and seriousness of the violation, be handled under the law on handling of administrative violations:

a/ Untruthfully, inaccurately or lately declaring changes in the content of the dossier of application or request for the grant, re-grant, modification, supplementation or extension of a representative office establishment license;

b/ Carrying out profit-making activities directly in Vietnam;

c/ Failing to commence operation within the time limit specified in Clause 2, Article 8 of this Decree after being granted a representative office establishment license;

d/ Failing to notify the licensing agency and provincial-level People's Committee and Industry and Trade Department according to Clause 2, Article 8 of this Decree;

e/ Failing to properly implement regulations of the State Bank of Vietnam on the opening, use and closing of accounts of representative offices;

f/ Having no working office for the repre­sentative office or sub-lease the working office of the representative office or acting as a repre­sentative for another trade promotion organization;

g/ Failing to send according to regulations periodical reports on activities of the representative office to the licensing agency;

h/ Failing to make reports, provide documents or explain about matters related to activities of the representative office at the request of a competent agency according to Article 3 of this Decree;

i/ Failing to carry out procedures for modification, supplementation or re-grant of the license under this Decree;

j/ Tampering with the contents of the granted license;

k/ Carrying out activities not stipulated in the representative office establishment license;

1/ Failing to carry out or improperly carrying out procedures for operation termination under this Decree;

m/ Breaching the obligations of the repre­sentative office and its chief defined in this Decree;

n/ Continuing to operate after the parent foreign trade promotion organization has terminated operation;

o/ Continuing to operate after the licensing agency revokes the representative office establishment license;

p/ Failing to place announcements in the press as required in Clause 1, Article 8 of this Decree.

2. In addition to administratively handling, in certain cases, the licensing agency shall, depending on the nature and seriousness of the violation of a representative office, consider and issue a decision to revoke its establishment license. Revocation of a representative office establishment license shall be carried out under Clauses 3, 4, and 5, Article 12 of this Decree. Cases in which a representative office may have its establishment license revoked include:

a/ Failing to officially commence operation within six months after being granted an establishment license;

b/ Stopping operation for six consecutive months without notifying to the licensing agency;

c/ Failing to make annual reports on its operation;

d/ Failing to send reports at the request of a competent agency under Article 3 of this Decree within 60 days after receiving such request in writing from the competent agency;

e/ Operating beyond the functions of a representative office as provided by Vietnamese law and relevant international conventions to which Vietnam is a contracting party;

f/ An employee of the representative office violates the Vietnamese labor law.

The chief of a representative office who violates provisions of this Decree shall, depending on the nature and seriousness of the violation, be administratively handled or examined for penal liability under law.

A foreign trade promotion organization that organize activities in Vietnam in the form of representative office without a representative office establishment license shall have such activities terminated and be handled for such violation under Vietnamese law.

Article 24. Complaints, denunciations

Foreign trade promotion organizations may lodge complaints or denunciations about civil servants' or state agencies' grant or refusal to grant representative office establishment licenses, decisions and acts that are illegal, hassling or troublesome. The lodging and settlement of such complaints and denunciations comply with the law on complaints and denunciations.

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