Nghị định 125/2014/NĐ-CP sửa đổi quy định về dịch vụ giám định thương mại tại Nghị định 120/2011/NĐ-CP và 20/2006/NĐ-CP

DECREE

ON AMENDMENTS TO COMMERCIAL ASSESSMENT SERVICES IN THE DECREE NO. 120/2011/ND-CP DATED DECEMBER 16, 2011 AND THE DECREE NO. 20/2006/ND-CP DATED FEBRUARY 20, 2006

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Commerce dated June 14, 2005;

At the request of the Minister of Industry and Trade,

The Government issues a Decree on amendments to the commercial assessment services in the Decree No. 120/2011/ND-CP dated December 16, 2011 and the Decree No. 2006/ND-CP dated February 20, 2006.

Article 1. Amendments to Decree No. 120/2011/NĐ-CP dated December 16, 2011 of the Government on amendments to administrative procedures in some Decrees of the Government on guidelines for the Law on Commerce

The Article 4 of the Decree No. 120/2011/ND-CP dated December 16, 2011 of the Government on amendments to administrative procedures in the Decrees of the Government on guidance on the Law on commercial shall be annulled.

Article 2. Amendments to the Decree 20/2006/ND-CP dated February 20, 2006 of the Government on guidance on the Law on commercial on trading in commercial assessment services

1. The Point b Clause 1 Article 10 shall be amended as follows

“b) A copy of the Certificate of Business registration or the Certificate of investment in the following cases

- A authenticated copy if the application is sent directly or by post;

- A copy enclosed with the original for comparison if the application is sent directly;

- A scan from the original if the application is sent via websites.”

2. The Article 11 shall be amended as follows

“Within 7 working days, from the day on which the sufficient application for professional stamps is sent as prescribed in Clause 1 Article 10 of this Decree, the Service of Industry and Trade where the trader registering the business shall register the professional stamp used for in the assessment deed of the trader into the Register of professional stamps, then send the notification to the trader. If the application is rejected, the Service of Industry and Trade shall provide explanation in writing.”

3. The Clause 1 Article 4, Clause 1 Article 9, Clause 2 Article 10 shall be amended as follows

“a) Phrase “Bộ Thương mại” (the Ministry of Trade) shall be replaced with “Bộ Công Thương;” (the Ministry of Industry and Trade)

b) Phrase "Sở Thương mại (Sở Thương mại Du lịch)” (the Service of Trade, the Service of Trade and Tourism) shall be replaced with “Sở Công Thương.” (Services of Industry and Trade)

Article 3. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committee of  provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for implementation of this Decree.

Article 4. Effect

1. This Decree shall take effect from February 20, 2015.

2. The Point b and d Clause 1 and Clause 3 Article 4; Clause 2, Clause 3 and Clause 4 Article 8; Article 9; Article 10; Article 11; Article 12; Point d Clause 1 Article 19 of the Decree 20/2006/ND-CP dated February 20, 2006 of the Government on guidance on the Law on Commerce on trading in commercial assessment services shall be still applied from the effective date of this Decree.

3. The Article 22 of the Decree 20/2006/ND-CP dated February 20, 2006 of the Government on guidance on the Law on Commerce on trading in commercial assessment services

Article 5. Transitional provisions

Within 3 months from the effective date of this Decree, traders of commercial assessment service have not registered the professional stamps must apply for the professional stamps as prescribed in this Decree./.