Chương 1 Nghị định 45/2000/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree provides for Vietnam-based representative offices and branches of foreign traders (prescribed by the Commercial Law) and foreign tourist enterprises (prescribed by the Ordinance on Tourism).

Hereinafter "Vietnam-based representative offices of foreign traders and foreign tourist enterprises" and "Vietnam-based branches of foreign traders and foreign tourist enterprises" shall be referred to for short as "representative offices" and "branches" respectively.

Article 2.- Representative offices, branches

1. Representative offices are dependent units of foreign traders or foreign tourist enterprises, which are established under Vietnamese law in order to seek and promote opportunities for commercial or tourist activities, but not allowed to directly engage in profit-making business.

A foreign trader or foreign tourist enterprise may establish in Vietnam one or more representative offices but may not set up branches of his/her/its representative office(s) in Vietnam.

2. Branches are dependent units of foreign traders or foreign tourist enterprises, which are established under Vietnamese law to conduct commercial or tourist activities in Vietnam for direct profit-making purposes.

A foreign trader or foreign tourist enterprise may establish one branch in Vietnam to deal in goods and/or services on the "List of goods and services for which the branches of foreign traders and foreign tourist enterprises are allowed to do business in Vietnam", issued together with this Decree; but must not set up representative office(s) of his/her/its branch in Vietnam.

3. The chief of a representative office or a branch director may be a foreigner or Vietnamese.

4. Representative offices, branches and their staff have their legitimate rights and interests protected by the State of Vietnam and are obliged to abide by Vietnamese law; are not entitled to the immunity status reserved for foreign diplomatic missions, consulates and representations of international and inter-governmental organizations in Vietnam.

Article 3.- Responsibilities of foreign traders, foreign tourist enterprises and their representative offices, branches

1. Foreign traders, foreign tourist enterprises having representative offices and/or branches in Vietnam shall take responsibility before Vietnamese law for all activities of their representative offices and/or branches.

2. Representative offices and branches shall, in all their activities, have to abide by Vietnamese law and directly exercise their rights and fulfill their obligations prescribed by Vietnamese law.

Article 4.- Permit-granting agencies

1. The Trade Ministry shall have to grant, amend, supplement and withdraw permits for the establishment of branches operating in the field of trade.

2. The General Department of Tourism shall have to grant, amend, supplement and withdraw permits for the establishment of representative offices and branches operating in the field of tourism.

3. The Trade Ministry shall have to grant, amend, supplement and withdraw permits for the establishment of branches operating in the fields of trade and tourism, after reaching agreement with the General Department of Tourism.

4. The People’s Committees of the provinces and centrally-run cities (hereinafter called the provincial-level People’s Committees for short) where foreign traders apply for the establishment of their representative offices shall have to grant, amend, supplement and withdraw permits for the establishment of representative offices operating in the field of trade.

5. The provincial-level People’s Committees of the localities where foreign traders operating in the fields of trade and tourism apply for the establishment of their representative offices shall have to grant, amend, supplement and withdraw permits for the establishment of representative offices operating in the fields of trade and tourism, after reaching agreement with the General Department of Tourism.