Circular No. 06/2006/TT-BTM guiding the procedures for registering business seals of traders engaged in commercial inspection services

CIRCULAR

Guidelines on the Procedure for Registering Business Seals for Commercial Service Appraisers

engaged in commercial appraisal services

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Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 20/2006/NĐ-CP dated February 20, 2006 of the Government detailing the Law on Trade regarding commercial service appraisal activities,

The Ministry of Trade hereby issues guidelines on the procedure for registering business seals for commercial service appraisers as stipulated in Decree No. 20/2006/NĐ-CP as follows:

I. REGISTRATION AUTHORITY FOR BUSINESS SEALS

1. The registration authority for business seals of commercial service appraisers is the Department of Trade or the Department of Trade and Tourism where the commercial service appraiser registers its business.

In cases where commercial service appraisers operate under the provisions of Article 5 of Decree No. 20/2006/NĐ-CP and are established with permission from central competent authorities, they shall register their business seals at the Department of Trade or the Department of Trade and Tourism where their main office is located.

2. Responsibilities of the Registration Authority for Business Seals.

a) Publicly display guidance on conditions, procedures, timeframes, and administrative procedures for registering business seals of commercial service appraisers at their offices;

b) Register business seals of commercial service appraisers when they submit complete files as prescribed in Article 10 of Decree No. 20/2006/NĐ-CP;

c) Ensure compliance with the registration timeframe as stipulated in Article 11 of Decree No. 20/2006/NĐ-CP and as detailed in this Circular;

d) Collect, manage, and utilize registration fees for business seals according to the guidelines of the Ministry of Finance;

đ) Report in writing on the situation of business seal registrations in their locality upon request of the Ministry of Trade;

e) Update information about the registration status of business seals of commercial service appraisers on the website of the Ministry of Trade within five working days from the date of initial registration, supplementary registration, amendment, or revocation of business seals. Notify relevant agencies about the registration status of business seals when necessary;

g) Fully implement record-keeping systems for business seal registration files in accordance with laws on record-keeping;

h) Monitor compliance with conditions for operating commercial service appraisal businesses; conduct inspections of commercial service appraisal operations when necessary to promptly revoke business seal registrations in cases specified in Article 12 of Decree No. 20/2006/NĐ-CP;

i) Other responsibilities as prescribed by law.

II. PROCEDURE FOR REGISTERING BUSINESS SEALS

1. Documents for registering business seals.

The documents for registering business seals include:

a) A business seal registration form completed according to Model MD-1 attached as Appendix II to this Circular;

b) A certified copy of the Business Registration Certificate or Investment Certificate (for traders operating under investment laws in Vietnam) clearly indicating the commercial service appraisal business activity;

c) A sample of the business seal that the trader intends to register (in accordance with Model DKCD attached as Appendix II to this Circular).

2. Acceptance of applications for registering business seals.

a) When accepting applications for registering business seals, the registration authority must issue a receipt and inform the applicant of the response timeframe. The receipt form is created in two copies according to Model TB-1 attached as Appendix II to this Circular, one copy given to the applicant and one retained by the registration authority;

b) For incomplete applications, within a maximum of three working days from the date of receipt, the registration authority must notify the applicant in writing to supplement and complete the application according to Model TB-2 attached as Appendix II to this Circular. The processing period for the application starts from the date the applicant submits a complete supplementary application;

c) Applicants have the right to request the registration authority to clarify requirements for supplementing and completing the application. The registration authority has the responsibility to respond to such requests from the applicant;

3. Registration of business seals in the Business Seal Registration Book.

a) In cases where the registration is approved, within ten working days from the date of receiving a complete application, the registration authority must notify the applicant in writing of the approval according to Model TB-3 attached as Appendix II to this Circular. Within seven working days from the date of receiving the approval notice, the applicant must bring their business seal to the registration authority's office to register it in the Business Seal Registration Book according to Model MSĐKCD attached as Appendix II to this Circular;

b) In cases where the registration is denied, within ten working days from the date of receiving a complete application, the registration authority must notify the applicant in writing, specifying the reasons for denial according to Model TB-4 attached as Appendix II to this Circular;

c) The registration authority records the registration number in the Business Seal Registration Book as follows:

- Province code: Two digits (as directed in Appendix I attached to this Circular).

- Trader sequence number: Six digits, ranging from 000001 to 999999.

- The codes are separated by hyphens.

Example of recording in the Business Seal Registration Book: A commercial appraisal company registered to operate in Hanoi would be recorded with the following registration number:

01-000008 (Registration number for the eighth commercial appraisal company in Hanoi).

4. Collection of registration fees for business seals.

Upon receiving applications for registering business seals from commercial service appraisers, the registration authority collects registration fees for business seals according to the guidelines of the Ministry of Finance.

5. Re-registration of business seals.

In the case of transferring the main office address to another province, the trader shall be responsible for re-registering the business seal at the business seal registration authority where they have moved to. The registration procedures shall be carried out according to the guidelines set forth in Clauses 1, 2, 3, and 4 of this Section. The registration dossier must include the prior approval notice from the business seal registration authority where the trader previously registered their business operations. Within five working days from the completion of the business seal registration procedures at the new location, the trader shall be responsible for notifying in writing the previous business seal registration authority to delete the registration.

III. PROCEDURES FOR SUPPLEMENTARY AND AMENDMENT REGISTRATION OF BUSINESS SEALS

1. Documents for supplementary and amendment registration of business seals.

The documents for supplementary and amendment registration of business seals include:

a) A request form for supplementary and amendment registration of business seals in accordance with Model MD-2 attached as Appendix II to this Circular;

b) A certified copy of the Business Registration Certificate or Investment Certificate (for traders operating under Vietnamese investment laws);

c) A sample of the business seal that the trader intends to register for supplementary or amendment (recorded according to Model DKCD attached as Appendix II to this Circular);

d) A sample of the existing business seal that the trader has registered (recorded according to Model DKCD attached as Appendix II to this Circular).

2. Procedures for supplementary and amendment registration of business seals shall be carried out according to the guidelines set forth in Section II of this Circular.

3. The business seal registration authority shall supplement the new seal model into the Register of Business Seals and retain the original registration code.

IV. RECOVERY AND PUBLIC ANNOUNCEMENT OF THE RECOVERY OF BUSINESS SEALS

The business seal registration authority shall be responsible for recovering and destroying the business seal in cases where the trader registers to amend the business seal and other cases stipulated in Article 12 of Decree No. 20/2006/NĐ-CP, while publicly announcing such recovery at the authority's headquarters according to Model TB-5 attached as Appendix II to this Circular and posting it on the Ministry of Commerce’s website.

V. IMPLEMENTATION

1. Departments of Commerce, Departments of Commerce and Tourism shall organize the registration of business seals for traders engaged in commercial inspection services based on legal provisions and the guidelines set forth in this Circular.

2. The Department of E-commerce (Ministry of Commerce) shall be responsible for building an electronic information website and software to manage information on the registration status of business seals by traders, and guiding the timely updating of information for Departments of Commerce and Departments of Commerce and Tourism.

This Circular takes effect fifteen days after its publication in the Official Gazette. Any difficulties encountered during implementation should be promptly reported to the Ministry of Commerce by traders, relevant sectors, and localities for study and appropriate amendments and supplements./.