Chương 2 Nghị định 23/2007/NĐ-CP: Thủ tục cấp giấy phép kinh doanh

Chapter II

PROCEDURES FOR GRANT OF A BUSINESS PERMIT

Article 7.- Dossier of application for a business permit

1. A written application for a business permit, made according to a form set by the Trade Ministry.

2. A written explanation about the satisfaction of conditions set at Points a, b, c and d, Clause 1, Article 4 of this Decree.

3. Planned goods purchase and sale activities and goods purchase and sale related activities of the enterprise.

4. A copy of the investment certificate.

Article 8.- Process of granting a business permit

1. An enterprise shall submit 03 sets of dossier, including 01 original, to the People's Committee of the province or centrally run city where the enterprise is headquartered.

2. Within 03 working days after receiving the dossier, the dossier-receiving agency shall verify the validity of the dossier and send that dossier to the Trade Ministry for comments. If the dossier is invalid, the dossier-receiving agency shall notify in writing the investor of such invalidity for modification of the dossier.

3. Within 15 working days after receiving the dossier, the Trade Ministry shall send its written comments on issues falling within its management competence.

4. Within 15 working days after receiving the Trade Ministry's comments, the provincial-level People's Committee shall decide to grant a business permit.

If refusing to grant a business permit, the dossier-receiving agency shall notify in writing the enterprise of such refusal and clearly state the reasons therefor.

5. Within 07 working days after granting a business permit, the dossier-receiving agency shall send copies of that permit to the Trade Ministry and the People's Committee of the province or centrally run city where the enterprise is headquartered.

Article 9.- Contents and valid duration of a business permit

1. Contents of a business permit cover:

a/ Name and address of the head office of the enterprise;

b/ Goods purchase and sale activities or goods purchase and sale related activities as stipulated in Article 12 of this Decree;

c/ Validity duration of the business permit.

2. For cases defined in Article 5 of this Decree, the validity duration of the business permit shall be the same as the investment project's operation duration written in the investment certificate.

Article 10.- Modification of a business permit

1. A foreign-invested enterprise shall carry out the procedures for modification of the business permit at the business permit-granting agency if wishing to modify one of the contents specified at Point or b, Clause 1, Article 9 of this Decree.

2. A dossier of application for the modification of a business permit comprises:

a/ A written application for modification of the business permit, made according to a form set by the Trade Ministry;

b/ A copy of the granted business permit.

3. Within 10 working days after receiving the enterprise's complete and valid dossier as stipulated in Clause 2 of this Article, the business permit-granting agency shall modify the business permit if such application for modification complies with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party. If refusing to modify the business permit, the business permit-granting agency shall notify in writing the enterprise of such refusal and clearly state the reasons therefor.

4. When receiving the modified business permit, the enterprise shall turn in the original of the old business permit to the business permit-granting agency.

Article 11.- Re-grant of a permit for dealing in goods purchase and sale activities or goods purchase and sale related activities

1. A business permit shall be re-granted when it is lost, torn, damaged, burnt, or otherwise destroyed.

2. When a business permit is lost, the enterprise shall report such loss to the Public Security agency of the locality where the permit is lost and to the business permit-granting agency and announce the loss on the mass media for three consecutive times. After 30 days from the date of the first-time announcement, the enterprise shall send an official letter requesting the business permit-granting agency to re-grant the permit.

3. A dossier of application for the re-grant of a business permit comprises:

a/ A written application for re-grant of the business permit, made according to a form set by the Trade Ministry;

b/ The Public Security agency's certification of the declaration of the loss of the business permit; a written explanation about the reasons why the permit is torn, damaged, burnt, or otherwise destroyed.

4. Within 07 working days after receiving the complete and valid dossier, the business permit-granting agency shall re-grant the business permit.

Article 12.- Goods purchase and sale activities or goods purchase and sale related activities

1. Goods purchase and sale activities or goods purchase and sale related activities of a foreign-invested enterprise must be specified in the business permit, specifically:

a/ Goods purchase and sale activities or goods purchase and sale related activities permitted to be carried out;

b/ Types of goods banned from trading with regard to each activity specified at Point a, Clause 1 of this Article;

c/ Goods purchase and sale related services permitted to be provided.

2. A foreign-invested enterprise may carry out only activities indicated in its business permit.

3. An enterprise may deal in goods or services which are by law subject to conditional business only when it fully meets the conditions provided for by Vietnamese law.