Chương 3 Nghị định 45/2000/NĐ-CP: Nội dung hoạt động, quyền và nghĩa vụ của văn phòng đại diện, chi nhánh

Chapter III

OPERATION CONTENTS, RIGHTS AND OBLIGATIONS OF REPRESENTATIVE OFFICES AND BRANCHES

Article 13.- Contents of operation of representative offices and branches

1. Contents of operations of representative offices

a/ Proceeding with the elaboration of economic, trade and tourist cooperation projects in Vietnam;

b/ Seeking, promoting opportunities for goods purchase and sale, the provision of trade and tourist services in Vietnam;

c/ Monitoring and urging the performance of contracts concluded by foreign traders or foreign tourist enterprises represented by them.

2. Contents of operation of branches

The contents of operation of branches are specified in the branch-establishment permits in conformity with the contents of operation of foreign traders or foreign tourist enterprises, based on the "List of goods and services for which branches of foreign traders and foreign tourist enterprises are allowed to do business in Vietnam", issued together with this Decree.

Article 14.- Rights and obligations of representative offices and their staff

Representative offices and their staff shall exercise the rights and perform the obligations provided for in the Commercial Law, the Ordinance on Tourism and according to the following concrete stipulations:

1. Representative offices are allowed to operate according to the specific contents stated in their establishment permits.

2. The chiefs of representative offices are entitled to sign goods purchase and sale or services provision contracts (except for tour business and tourist transportation contracts) with Vietnamese traders or tourist enterprises when obtaining valid authorization papers from foreign traders or foreign tourist enterprises for each contract.

3. People working in representative offices shall have to pay taxes according to Vietnamese law.

4. Once a year, representative offices shall have to report on their operations to the permit-granting agencies before the last working day of January of the following year.

In case of necessity, at the written requests of the competent agencies prescribed by Vietnamese law, representative offices shall have to report and supply documents or expositions on matters related to their operations.

Article 15.- Rights and obligations of branches and their staff

Branches and their staff shall exercise the rights and perform the obligations provided for in the Commercial Law, the Ordinance on Tourism and according to the following concrete stipulations:

1. Branches are allowed to operate according to the contents inscribed in their permits.

2. People working in branches shall have to pay taxes as prescribed by Vietnamese law.

3. Branches shall have to apply the accounting regime prescribed by Vietnamese law and may apply another common accounting regime only when it is approved by the Finance Ministry.

A branches fiscal year shall be counted from January 1st to the end of December 31st of a year.

4. Once a year before the last working day of March of the following year, branches shall have to send to the permit-granting agencies reports on their operations in the previous year and financial statements certified by the Vietnamese auditing agencies or independent auditing agencies licensed to operate in Vietnam.

When necessary, at the written requests of the competent agencies prescribed by Vietnamese law, branches shall have to report, supply documents or expositions on matters related to their operations.