Circular No. 03/2024/TT-BCT amends and supplements certain provisions of Circulars issued by the Minister of Industry and Trade concerning franchising, representative offices, and branches of foreign traders, trading activities, and other activities directly related to the sale of goods by foreign service providers.

CIRCULAR

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015;

Pursuant to the Law Amending and Supplementing Certain Articles of the Law on Legislative Regulatory Documents;

Pursuant to Decree No. 31/2021/NĐ-CP dated March 26, 2021 detailing the implementation of certain provisions of the Investment Law;

Pursuant to Decree No. 120/2011/NĐ-CP dated December 16, 2011 amending and supplementing administrative procedures in some Decrees of the Government detailing the Law on Commerce;

Pursuant to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures for implementing the Law on Legislative Regulatory Documents;

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Pursuant to Decision No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade promulgates this Circular amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of franchising, representative offices, and branches of foreign traders, trading activities, and other activities directly related to trading activities of foreign service providers.Article 1. Amending and supplementing certain articles of Circular No. 09/2006/TT-BTM dated May 25, 2006, Circular No. 34/2013/TT-BCT dated December 24, 2013, and Circular No. 11/2016/TT-BCT dated July 5, 2016. Law dated June 18, 2020;

Pursuant to the Investment Law dated June 17, 2020;

1. Amending and supplementing certain articles of Circular No. 09/2006/TT-BTM dated May 25, 2006 guiding the registration of franchising activities.

a) Amending and supplementing Part IV as follows:"IV. CANCELLATION OF REGISTRATION FOR FRANCHISING ACTIVITIES

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Regulatory Documents;

The registration of franchising activities of a trader shall be cancelled in cases prescribed in Article 22 of Decree No. 35/2006/NĐ-CP. Within five working days from the date of cancellation of the registration of franchising activities of a trader, the Ministry of Industry and Trade shall publicly announce the cancellation according to Model TB-6A Appendix II attached to this Circular on the Ministry's website."

On the basis of APPLICATION b) Amending and supplementing Section 2 of Part V as follows:

The Minister of Education and Training issues this Circular to amend and supplement

"The Department of Industry and Trade shall implement the receipt of reports and management of franchising activities of traders within its jurisdiction based on the relevant laws."

2. Amending and supplementing Clause 1 of Article 3 of Circular No. 34/2013/TT-BCT dated December 24, 2013 on the roadmap for implementing trading activities and other activities directly related to trading activities of foreign-invested enterprises in Vietnam as follows:

"1. The classification of goods specified in the appendices of this Circular according to HS codes and descriptions of goods shall be carried out in accordance with the Circular of the Minister of Finance issuing the List of Goods for Import and Export of Vietnam over various periods."

3. Amending and supplementing certain articles of Circular No. 11/2016/TT-BCT dated July 5, 2016 stipulating forms for implementing Decree No. 07/2016/NĐ-CP dated January 25, 2016 of the Government detailing the Law on Commerce regarding Representative Offices and Branches of Foreign Traders in Vietnam.

a) Amending and supplementing Article 2 as follows:

"1. The province and city codes shall be implemented according to the list of province and city codes where citizens register their birth, as stipulated by the Minister of Public Security over various periods."

b) Amending and supplementing Clause 2 of Article 4 as follows:

"The E-commerce and Digital Economy Department, Ministry of Industry and Trade shall be responsible for establishing, managing, operating, maintaining, training, and guiding the use of the database on Representative Offices and Branches of Foreign Traders in Vietnam at the address http://vpdd.dvctt.gov.vn."

2. Amend and supplement Clause 1 of Article 3 of Circular No. 34/2013/TT-BCT dated December 24, 2013, on the implementation schedule for trading activities and related activities directly associated with trading activities of foreign-invested enterprises in Vietnam as follows:

"1. The classification of goods specified in the annexes of this Circular according to the Harmonized System code and description of goods shall be carried out in accordance with the Circular issued by the Minister of Finance on the List of Goods for Import and Export of Vietnam through various periods."

3. Amend and supplement some provisions of Circular No. 11/2016/TT-BCT dated July 5, 2016, stipulating the forms for implementing Decree No. 07/2016/NĐ-CP dated January 25, 2016 of the Government detailing the Law on Trade regarding Representative Offices and Branches of Foreign Businesses in Vietnam.

a) Amend and supplement Article 2 as follows:

"1. The province and centrally-administered city codes shall be implemented according to the List of Province and Centrally-Administered City Codes where citizens register their birth, as prescribed by the Minister of Public Security through various periods."

b) Amend and supplement Clause 2 of Article 4 as follows:

"The E-commerce and Digital Economy Department under the Ministry of Industry and Trade shall be responsible for establishing, managing, operating, maintaining, and training and guiding the use of the database on Representative Offices and Branches of Foreign Businesses in Vietnam at the address http://vpdd.dvctt.gov.vn."

Article 2. Repeal and replace certain provisions of Circular No. 09/2006/TT-BTM dated May 25, 2006, Circular No. 34/2013/TT-BCT dated December 24, 2013, and Circular No. 11/2016/TT-BCT dated July 5, 2016.

1. Repeal and replace certain provisions of Circular No. 09/2006/TT-BTM dated May 25, 2006.

a) Replace certain phrases regarding the name of agencies and units as stipulated in Circular No. 09/2006/TT-BTM dated May 25, 2006 as follows:

a1) Replace the phrase "Ministry of Trade" throughout the Circular with the phrase "Ministry of Industry and Trade".

a2) Replace the phrase "Department of Planning and Investment" as stipulated in Section 1 Part V, Model S1, Model TB-2A, Model TB-3A, Model TB-4A, Model TB-6A with the phrase "Department of Planning and Finance". a3) Replace the phrase "Department of E-commerce" as stipulated in Section 3 Part V with the phrase "Agency for E-commerce and Digital Economy".

b) Repeal the following provisions of Circular No. 09/2006/TT-BTM dated May 25, 2006: Section 2 Part I; Clause d Section 3 Part I; Sections 3, 7 and 8 Part II; the province code provision in Clause c Section 6 Part II; Appendix I; Models MD-2, S2, TB-1B, TB-2B, TB-3B, TB-4B, TB-6B and TB-6C stipulated in Appendix II.

2. Repeal and replace certain provisions of Circular No. 34/2013/TT-BCT dated December 24, 2013.

a) Replace the phrase "foreign-invested enterprises" throughout the Circular with the phrase "foreign service providers".

b) Repeal Clause 2 Article 3.

3. Repeal and replace certain provisions of Circular No. 11/2016/TT-BCT dated July 5, 2016.

a) Replace the phrase "Planning Department" as stipulated in Clause 1, 3, 5 Article 4 and Clause 3 Article 5 with the phrase "Department of Planning and Finance".

b) Repeal Table 1 on province codes stipulated in the Appendix to the Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from March 18, 2024.

2. In cases where the legal normative documents referred to and applied in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replaced legal normative documents.

3. During implementation, if there are difficulties or obstacles, the relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Industry and Trade (through the Department of Planning and Finance) for timely consideration and resolution.

4. The Department of Planning and Finance, the Ministry's Office, the Agency for E-commerce and Digital Economy, and other relevant agencies, organizations, and individuals are responsible for implementing this Circular./.