Chương 4 Nghị định 48/1999/NĐ-CP: Chấm dứt hoạt động của văn phòng đại diện, chi nhánh và xử lý vi phạm

Chapter IV

TERMINATION OF OPERATION OF REPRESENTATIVE OFFICES AND BRANCHES AND HANDLING OF VIOLATIONS

Article 11.- Termination of operation of representative offices and branches

A representative office or branch shall terminate its operation in the following cases:

1. At the request of the trader that has set up such representative office or branch;

2. The trader is declared bankrupt or dissolved;

3. Such representative office or branch is compelled to terminate its operation due to its violations of Vietnamese laws or the host country’s laws.

Article 12.- The procedures for terminating operation of representative offices and branches

For cases specified in Article 11 of this Decree, the procedures for terminating operations of representative offices and branches shall be as follows:

1. Reporting on the situation:

a) In cases where they themselves propose the operation termination, the concerned traders shall have to report to the registration office thereon at least 15 days before the planned date for terminating the operations of their representative offices and/or branches.

b) In cases where a trader is dissolved or declared bankrupt, the agency responsible for announcing the decision on dissolution or declaring bankruptcy of such trader shall have to notify the registration office thereof within 15 days after the bankruptcy is declared or the dissolution decision is issued.

c) In cases where their representative offices and/or branches are compelled to terminate operation, the concerned traders shall have to report to the registration office thereon within 15 days after such representative offices and/or branches are compelled to terminate their operations.

2. Within 15 days after receiving the traders’ reports or notices of the responsible agency(ies), the registration office shall issue revocation decisions and directly withdraw the already granted certificates of registration of the establishment of such representative offices and/or branches. Such written decisions shall be sent to the concerned traders, and at the same time to the Finance Services and the State Bank branches of the provinces and centrally-run cities where the representative offices and/or branches are located (for domestic representative offices and branches) or where the parent traders are headquartered (for overseas representative offices and branches), as well as to the Ministry of Trade and the ministries, the central-level branch-managing agencies or the provincial/municipal People’s Committees that directly manage such traders for handling of relevant matters.

Article 13.- Handling of violations

Heads of representative offices, heads of branches and people working in such representative offices and branches who breach laws shall, depending the seriousness of their breaches, be handled according to provisions of law.