Chapter I:
GENERAL REGULATIONS
Article 1: Scope of effect
1. The Decree details implementation of the Commercial Law’s regulations on establishment, operation, interests and obligations of representative offices of foreign businesses in Vietnam; and Branches of foreign businesses, operating in goods purchasing and carring out other activities directly related to goods purchasing.
2. Representative offices and branches of foreign-invested businesses established in Vietnam are not under scope of effect of the Decree.
Article 2: Rights for establishment of representative offices, branches of foreign businesses in Vietnam.
1. Foreign businesses can establish their representative offices in Vietnam (hereinafter “Representative offices”) in accordance with Articles 16, 17, 18 and 22 of the Commercial Law and the regulations as specified in the Decree.
2. Foreign businesses can establish their branches in Vietnam (hereinafter “Branches”) in accordance with Vietnam’s commitments in international agreements that the country in a member to carry out goods purchasing activities and other activities directly related to goods purchasing in accordance with Articles 16, 19, 20 and 22 of the Commercial Law and the regulations as specified in the Decree.
Minister of Trade, based on international agreements that Vietnam is a party, is assigned to declare and provide instructions to goods purchasing and other related to good purchasing activities carriying out by branches of foreign businesses in Vietnam.
3. Representative offices, branches are subsidiaries of foreign businesses. cannot establish representative offices, branches affiliate to representative offices, branches.
4. Representative offices, branches of foreign businesses that operate in specialized trade fields (e.g banking and finance, legal services, culture, education, tourism or others in accordance with the law) fall under other legal writtings are to be enforced by those.
Article 3: Agencies in charge of licencing establishment of representative offices, branches
1. The Ministry of Trade is responsible for issuance, re-issuance, modification, supplement, renewal and revocation of Licence for establishment of branches to operate in the fields as specified in sub-Article 2, Article 2 of the Decree.
2. Local Departments of Trade, Departments of Trade and Tourism (jointly known as Departments of Trade) are in charge of issuance, re-issuance, modification, supplement, renewal and revocation of Licence for establishment of representative offices.