Chapter II
THE SETTING UP OF REPRESENTATIVE OFFICES AND BRANCHES
Article 4.- The conditions for setting up representative offices and branches
Traders being enterprises of all economic sectors, established according to law and wishing to set up their domestic and/or overseas representative offices and branches may establish them according to provisions of this Decree.
For tourist enterprises, only those engaged in international tour business shall be entitled to set up overseas representative offices and/or branches.
Article 5.- Agencies registering the establishment of representative offices and branches
1. The Trade Services of the provinces and centrally-run cities where representative offices and/or branches are to be located shall have to register the establishment of domestic representative offices and/or branches, excluding representative offices and/or branches of tourist enterprises.
The Tourist Departments of the provinces and centrally-run cities where representative offices and/or branches are to be located shall have to register the establishment of domestic representative offices and/or branches of tourist enterprises.
2. The Trade Services of the provinces and centrally-run cities where the traders are headquartered shall have to register the establishment of overseas representative offices and/or branches, excluding those of tourist enterprises.
The Tourist Departments of the provinces and centrally-run cities where tourist enterprises are headquartered shall have to register the establishment of overseas representative offices and/or branches of such tourist enterprises.
3. In localities where exist Trade Services and Tourist Departments, such Services and Departments shall have to perform the tasks prescribed in Clauses 1 and 2 of this Article.
Article 6.- The procedures for registration of the establishment of domestic representative offices and branches
1. Traders registering to set up domestic representative offices and/or branches shall send to the registration office defined in Clauses 1 and 3, Article 5 of this Decree, a dossier set comprising:
a) An application for registering the establishment of a domestic representative office or branch, clearly stating the trader’s name and address, the purpose of establishment, the operation contents, the estimated time for establishment and the planned location of the representative office or branch.
b) The notarized copy of the trader’s business registration certificate.
2. Within 15 days after receiving the complete and valid dossier of the trader, the registration office shall have to issue to the trader one original of the certificate of registration of the establishment of the domestic representative office or branch, and at the same time send copies thereof to the Finance Service of the province or centrally-run city where such representative office or branch is located and the Ministry of Trade or the General Department of Tourism (for representative offices and/or branches of tourist enterprises).
In cases where the traders’ applications are rejected, the registration office shall have to notify in writing such traders of the reasons therefor within the time limit prescribed in this Clause.
Article 7.- The procedures for registering the establishment of overseas representative offices and branches
1. Traders registering to set up their overseas representative offices and/or branches shall send to the registration office defined in Clauses 2 and 3, Article 5 of this Decree a dossier set comprising:
a) An application for registering the establishment of an overseas representative office or branch, clearly stating the trader’s name and address, the purpose of establishment, the operation contents, the estimated time of establishment and the planned location of the representative office or branch.
b) The notarized copy of the trader’s business registration certificate.
c) For traders being State enterprises, in addition to the documents specified in Points a and b of this Clause, they must also send to the registration office the written approval of the ministry, central-level branch managing agency or provincial/municipal People’s Committee directly managing them.
d) For tourist enterprises of all economic sectors, besides the documents specified in Points a and b of this Clause, they must also send to the registration office the written approval of the General Department of Tourism.
2. Within 15 days after receiving the complete and valid dossier, the registration office shall have to issue to the trader one original of the certificate of registration of the establishment of its overseas representative office or branch, and send copies thereof to the Finance Service of the province or centrally-run city where the trader is headquartered and the Ministry of Trade or the General Department of Tourism (for representative offices and/or branches of tourist enterprises).
In cases where the traders’ applications are rejected, the registration office shall have to notify in writing such traders of the reasons therefor within the time limit prescribed in this Clause.
Article 8.- Reporting the setting up of overseas representative offices and branches
1. Traders that are granted certificates of registration of the establishment of their overseas representative offices and/or branches shall have to report to the registration office on whether such representative offices and/or branches have been set up or not according to the granted certificates of establishment registration within 60 days after such certificates are granted, and report to the representation missions of the Socialist Republic of Vietnam in the host foreign countries on the setting up of representative offices and/or branches there within 60 days after such host countries permit the setting up of representative offices and/or branches.
2. If past 60 days after being granted registration certificates, the traders still fail to set up their representative offices and/or branches, they shall have to report in writing to the registration office on reasons therefor. If past 60 days after the receipt of the report on the reasons for traders’ failure to set up their representative offices and/or branches, such traders still fail to do so, the registration office shall issue revocation decisions and directly withdraw granted registration certificates.
Tìm kiếm
Nghị định 48/1999/NĐ-CP (Bản Word)