Chương 1 Nghị định 48/1999/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree prescribes domestic and overseas representative offices and branches of Vietnamese traders (as prescribed by the Commercial Law) and Vietnamese tourist enterprises (as prescribed by the Ordinance on Tourism), which shall be hereafter referred to as representative offices and branches for short. Vietnamese traders and Vietnamese tourist enterprises shall be hereafter collectively referred to as traders.

Article 2.- Representative offices and branches

1. Representative offices are traders’ dependent units set up at home or abroad for commercial or tourist promotion, but not allowed to conduct commercial or tourist business activities directly yielding profits.

2. Branches are traders’ dependent units set up at home or abroad to conduct commercial or tourist business activities.

3. Overseas representative offices and branches shall not be attached to the representations of the Socialist Republic of Vietnam in the host foreign countries, but shall have to report their operations to the heads of such missions.

4. Each trader may set up one or several domestic and/or overseas representative offices and/or branches. The head of a representative office may concurrently act as head of another representative office, while a branch’s head shall not be allowed to concurrently act as the head of another branch or a representative office.

Article 3.- The State management over operations of representative offices and branches

1. The Ministry of Trade shall have to exercise the State management over all operations of representative offices and branches of traders under the provisions of the Commercial Law.

2. The General Department of Tourism shall have to exercise the State management over all operations of tourist representative offices and branches.

3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall have to coordinate with the Ministry of Trade, the General Department of Tourism and the People’s Committees of the provinces and centrally-run cities where the traders are headquartered in exercising the State management over operations of such traders’ overseas representative offices and branches under their respective management.

4. The People’s Committees of the provinces and centrally-run cities shall exercise the State management over operations of representative offices and branches located in their respective localities.