Chapter IV:
STATE MANAGEMENT OVER OPERATION OF REPRESENTATIVE OFFICES, BRANCH
Article 24: Ministry of Trade has the following responsibilities:
1. Presiding over, coordinating with other Ministries and sectors to compile and submit to the agencies in charge of promulgation legal documents on representative office, branch in accordance within scope of their power.
2. Providing guidelines on issuance, re-issuance, modification, supplement, renewal and revocation of Licence for establishment of representative office; doing the jobs of issuance, re-issuance, modification, supplement, renewal and revocation of Licence for establishment of branch.
3. Inspecting management of Departments of trade over representative offices, branches all over the country.
4. Presiding over, coordinating with relevant Ministries, sectors and localities to inspect operation of representative offices, branches if needed or as requested by Ministries, sectors and localities.
5. Presiding over, coordinating with Ministries, sectors and localities to set up database on representative offices, branches all over the country.
6. Handling violations of representative offices, branches within the scope of its power.
Article 25: Provincial People’s Committees have the following responsibilities:
1. Directing provincial Departments of Trade to consider issuance, issue, re-issue, amend, modify, renew and revoke Licence for establishment of representative office in accordance with Article 3.
2. Managing operation of representative offices, branches and heads of representative offices, branches in their localities within their scope of power.
3. Directing Departments of Trade to inspect representative offices, branches if needed or organize inter-ministerial groups of inspectors as requested by local functional agencies.
Article 26: Departments of Trade have the following responsibilities:
1. Issuing, re-issuing, amending, supplementing, renewing, revoking Licence for establishment of representative office in accordance with Article 3.
2. Inspecting representative offices, branches if needed in accordance with the law or sending cadres to join interministerial inspectorate in accordance with decision of provincial People’s Committee.
3. Annually reporting to the Ministry of Trade situation of issuance, re-issuance, modification, supplement and revocation of Licence for establishment of representative office, branch at their localities.
4. Providing information, reporting to the Ministry of Trade for establishment of database on representative offices, branches.
Article 27: Inspection
1. During their operation, representative offices, branches must be under inspection of competent agencies as specified in Articles 24, 25 and 26 above and other competent agencies in accordance with the law of Vietnam. Inspection on operation of representative offices, branches must follow regulations on the laws on inspection.
2. People who issues inspection decisions that are not in accordance with the law or abuse inspection as a tool to cause difficulties against operation of representative offices, branches will face penalties in accordance with the law.
Article 28: Sanctions
1. Representative offices, branches which break regulations of the Decree or have violations as listed below will be fined in accordance with the law:
a. Providing dishonest, inaccurate, late declarations in files applying for issuance, re-issuance, modification, supplement and revocation of Licence for establishment of representative offices, branches;
b. Not operating during the period of time for operation as specified in Licence for representative offices, branches;
c. Not reporting to the Licencing agency the time of opening within the allowed period of time;
d. Not having any locations for representative offices, branches or leasing out offices for representative offices, branches;
e. Not regularly reporting on operation of representative office, branch to licencing agency in accordance with regulations;
f. Not reporting, providing documents or explaining issues related to operation of representative office, branch as required by State agencies;
g. Not proceeding to modifying, supplementing, re-issuing Licence in accordance with the Decree;
h. Changing Licence;
i. Operating differently from contents on operation of representative, branch as specified in Licence;
k. Not following formalities on operation ending as specified in the Decree;
l. Violating obligations of representative offices, branches and head of representative offices, branches in accordance with the Decree;
m. Keeping operating after foreign business already finishes its operation.
n. Keeping operating after competent State agencies revoke licence.
2. Representative offices, branches have their licence revoked in the following cases:
a. Not coming into operation within 6 months since being granted Licence;
b. Not operating in consecutive 6 months without reporting to licencing agency;
c. Not regularly reporting on operation of representative offices, branches for 2 consecutive years;
d. Not reporting as required by competent agencies within 6 months since the requirement is issued;
e. Not operating with the right functions of representative offices, branches in accordance with the law.
3. Heads of representative office, branch violating the Decree shall face penalties depending on the levels of their violations.
4. Foreign businesses operating in Vietnam in the form of representative offices, branches without licence shall be ended and face penalties in accordance with the law of Vietnam.
Article 29: Complaint and denouncement
Foreign businesses can complain on issuance of or refusal to issue Licence for establishment of representative offices, branches; decisions by State staff that are not in accordance with the law.
Tìm kiếm
Nghị định 72/2006/NĐ-CP (Bản Word)