Chương 2 Nghị định 45/2000/NĐ-CP: Việc cấp, sửa đổi, bổ sung giấy phép thành lập văn phòng đại diện, chi nhánh

Chapter II

GRANTING, AMENDMENT AND SUPPLEMENT OF PERMITS FOR REPRESENTATIVE OFFICE AND BRANCH ESTABLISHMENT

Article 5.- Conditions for being granted permits for establishment of representative offices and branches

1. Foreign traders, foreign tourist enterprises shall be granted permits to establish their representative offices in Vietnam when having lawful business registration under foreign laws.

2. Foreign traders, foreign tourist enterprises shall be granted permits to establish their branches in Vietnam when they fully meet the following conditions:

a/ Having lawful business registration under foreign laws;

b/ Having been operating for not less than 5 years after registering their business;

c/ Dealing in goods and/or services on the "List of goods and services for which branches of foreign traders and foreign tourist enterprises are allowed to do business in Vietnam", which is issued together with this Decree; and reviewed, supplemented for each period.

Article 6.- Dossiers of application for permits to establish representative offices and branches

A dossier of application for the permit to set up a representative office or a branch shall include:

1. The foreign trader’s or foreign tourist enterprise’s application for the permit to set up a representative office or branch (which is made according to the form jointly set by the Trade Ministry and the General Department of Tourism).

2. The copy of the business registration certificate of the foreign trader or foreign tourist enterprise, certified by the foreign competent agency and the Vietnamese translation of such business registration certificate, notarized by the domestic Notary Public or certified by the overseas Vietnamese diplomatic mission or consulate.

Article 7.- Granting permits for establishment of representative offices or branches

1. Foreign traders and foreign tourist enterprises shall send dossiers of application for permits to set up their representative offices and/or branches to the permit-granting agencies defined in Article 4 of this Decree.

2. Within 15 days after receiving the complete and valid dossiers, the permit-granting agencies shall grant the permits for representative office or branch establishment to foreign traders and send the copies thereof to the concerned agencies according to the following stipulations:

a/ Where the permits are granted by the Trade Ministry, the copies thereof shall be sent to the provincial/municipal Trade Services or Trade-Tourism Services, provincial-level tax offices and statistical offices of the localities where the branches are headquartered; if they are permits for the establishment of branches operating in the fields of trade and tourism, the copies thereof shall also be sent to the General Department of Tourism.

b/ Where the permits are granted by the General Department of Tourism, the copies thereof shall be sent to the provincial/municipal Tourism Services or Trade-Tourism Services, the provincial-level tax offices and statistical offices of the localities where the representative offices or branches are headquartered.

c/ Where the permits are granted by the provincial-level People’s Committees, the copies thereof shall be sent to the Trade Ministry, the provincial-level tax offices and statistical offices of the localities where the representative offices are headquartered; if they are permits for the establishment of representative offices operating in the fields of trade and tourism, the copies thereof shall also be sent to the General Department of Tourism.

3. Where a dossier is incomplete or invalid, within 3 working days after receiving it, the permit- granting agency shall have to notify such in writing to the concerned foreign trader or foreign tourist enterprise so that the latter may supplement and complete it.

4. The contents of operation of representative offices and branches shall be clearly inscribed in their permits.

Article 8.- Notification of operations of representative offices and branches

Within 45 days after being granted the permits, representative offices or branches shall have to officially commence their operations and notify in writing the permit- granting agencies of their headquarters location, the number of Vietnamese and foreign staff working therein.

Article 9.- Change of the permits’ contents

When having a demand to change one, several or all of the following contents of the permits for representative office or branch establishment, foreign traders or foreign tourist enterprises shall have to send their written requests to the permit-granting agencies for:

1. Changing the names and/or nationalities of foreign traders, foreign tourist enterprises or the appellations of their representative offices and/or branches;

2. Increasing the number of foreigners working in the representative offices or branches;

3. Changing the contents of operation of the representative offices or branches;

4. Relocating the headquarters of the representative offices or branches.

Within 10 days after receiving the requests from foreign traders or foreign tourist enterprises, the permit-granting agencies shall have to grant the foreign traders or foreign tourist enterprises new permits which have already been amended and supplemented and send their copies to the eligible agencies defined in Clause 2, Article 7 of this Decree.

Where a representative office operating in the fields of trade and tourism is removed from one to another province or centrally-run city, the concerned foreign trader shall have to fill in the procedures to apply for a new representative office-establishment permit according to the provisions of Articles 6 and 7 of this Decree.

Article 10.- Fees for permit granting, amendment and supplement

1. Foreign traders, foreign tourist enterprises shall have to pay fees for the permit granting, amendment and supplement.

2. The Finance Ministry shall assume the prime responsibility and coordinate with the Trade Ministry and the General Department of Tourism in specifying the levels as well as the management and use of fees prescribed in Clause 1 of this Article.

Article 11.- Termination of operations of representative offices or branches

1. Representative offices and branches shall terminate their operations in the following cases:

a/ At the request of concerned foreign traders or foreign tourist enterprises;

b/ Upon the termination of operations of concerned foreign traders or foreign tourist enterprises;

c/ Upon the issuance of decisions on the withdrawal or cancellation of their permits by the State competent agencies prescribed by Vietnamese law.

2. In case of operation termination under the provisions at Points a and b, Clause 1 of this Article, foreign traders or foreign tourist enterprises shall have to send written notices on termination of operations of their representative offices or branches to the permit-granting agencies within 30 days before the termination date and return the permits to the permit-granting agencies.

Within 7 days, the permit- granting agencies shall have to notify the termination of operations of representative offices or branches to the agencies, to which the copies of permits for representative office or branch establishment were forwarded, defined in Clause 2, Article 7 of this Decree.

3. In case of operation termination under the provisions at Point c, Clause 1 of this Article, the permit- granting agencies shall have to send the concerned foreign traders or foreign tourist enterprises decisions on the withdrawal or cancellation of the permits for representative office or branch establishment at least 30 days before the representative offices and/or branches are forced to terminate their operations, and send the copies thereof to the agencies which received the copies of the permits for representative office or branch establishment prescribed in Clause 2, Article 7 of this Decree.

Article 12.- Obligations of foreign traders, foreign tourist enterprises and their representative offices, branches upon the termination of operations of representative offices and/or branches

Before their representative offices and/or branches terminate operations in Vietnam, foreign traders and foreign tourist enterprises shall have to fully pay debts and perform other obligations towards the State, concerned organizations and individuals in Vietnam.

The provincial-level People’s Committees shall have to monitor, supervise and urge the implementation of the said provisions by representative offices and branches in their respective localities.