Circular No. 06/2012/TT-BCT detailing the procedures and formalities for issuing licenses to establish and operate representative offices of foreign trade promotion organizations in Vietnam

CIRCULAR

Regulations on the procedures and formalities for issuing licenses to establish and operate representative offices

of foreign trade promotion organizations in Vietnam

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Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, which has been amended and supplemented by Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government;

Pursuant to Decree No. 100/2011/NĐ-CP dated October 28, 2011 of the Government stipulating the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam.

The Minister of Industry and Trade promulgates detailed regulations on the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular specifies the details regarding the issuance, reissuance, amendment, supplementation, extension, revocation, and cancellation of licenses for establishing representative offices in Vietnam of foreign trade promotion organizations (hereinafter referred to as representative offices).

Article 2. Foreign trade promotion organizations and other foreign organizations are the entities specified in Article 2 of Decree No. 100/2011/NĐ-CP (hereinafter referred to as foreign trade promotion organizations). Article 3. Organization of Representative Offices

Foreign trade promotion organizations shall independently determine the organizational structure and head of their representative offices in Vietnam and must clearly state these matters in the Articles of Association or operational regulations of the representative office in Vietnam as proposed in the application dossier for the license to establish the representative office.

is agencies and organizations registered to participate in the System with one or more roles as follows: LIMITATION Article 4. Notification of Activities of Representative Offices

1. Representative offices are responsible for notifying activities in accordance with Article 8 of Decree No. 100/2011/NĐ-CP.

2. The notification document shall be prepared according to Model XTTMNN-1 attached as an appendix to this Circular.

Article 5. Reporting on Activities

1. In cases where reporting is required under Clause 1 of Article 10 of Decree No. 100/2011/NĐ-CP, the representative office is obligated to submit a written report on its activities in the previous year to the Ministry of Industry and Trade using Model XTTMNN-2 attached as an appendix to this Circular.

2. In cases where reporting is required under Clause 3 of Article 10 of Decree No. 100/2011/NĐ-CP, within ten working days from the date of request, the representative office is responsible for submitting a written report, providing documents, or explaining as requested by the competent authority.

PROCEDURES AND FORMALITIES FOR ISSUING, REISSUING, AMENDING, SUPPLEMENTING, EXTENDING, TERMINATING, AND REVOKING LICENSES TO ESTABLISH REPRESENTATIVE OFFICES

Chapter II

Article 6. Issuing Licenses to Establish Representative Offices

1. Foreign trade promotion organizations shall submit one set of the application dossier for the license to establish a representative office to the licensing authority as prescribed in Decree No. 100/2011/NĐ-CP (submitting directly at the headquarters of the Department of Trade Promotion or sending through postal service). The application dossier for the license to establish a representative office shall comply with the provisions of Article 15 of Decree No. 100/2011/NĐ-CP. The application form shall be implemented according to Model XTTMNN-4

attached as an appendix to this Circular.

2. The acceptance of dossiers shall be carried out as follows: a) In cases where dossiers are submitted directly, the person submitting the dossier must present a power of attorney from the foreign trade promotion organization. Upon accepting the dossier, the licensing authority shall record a receipt. The receipt shall be made in two copies according to Model XTTMNN-5 attached as an appendix to this Circular, one copy given to the foreign trade promotion organization and one copy retained by the licensing authority;

b) In cases where dossiers are sent through postal service, the licensing authority shall accept the dossier according to regulations without recording a receipt;

c) The date of accepting the dossier shall be calculated based on the date recorded on the official stamp received when the dossier is sent through postal service or based on the date recorded on the receipt when the dossier is submitted directly.

3. Within twenty working days from the date of receiving a complete and valid dossier,

the licensing authority shall examine and issue or not issue the license to establish a representative office to the foreign trade promotion organization; if not issued, it must provide a written response stating the reasons. The license shall be implemented according to Model XTTMNN-6 attached as an appendix to this Circular.

4. The application dossier for the license to establish a representative office shall be considered complete and valid if there is no written opinion about the dossier within three working days from the date of receipt (for both initial submission and resubmission after supplementation and completion).

If the dossier is incomplete or invalid, the foreign trade promotion organization must supplement and resubmit the dossier. authority issuing the Permit shall examine, issue or not issue to foreign trade promotion organizations the Permit for establishing Representative Office; if not issued, it must be notified in writing with specific reasons. The Permit shall be implemented according to model XTTMNN-6 attached as Appendix to this Circular.

4. The application dossier for the Permit for establishing Representative Office shall be considered complete and valid if authority issuing the Permit there is no written comment on the dossier within three working days from the date of receipt of the dossier (for both initial submission and resubmission after supplementation and completion).

In case the dossier is incomplete or invalid, the foreign trade promotion organization must supplement and complete and resubmit the dossier.

Article 6. Amending and Supplementing the License for Establishing a Representative Office

1. In cases of amending and supplementing the License for Establishing a Representative Office, within ten working days from the date of change as stipulated in Clause 1, Article 17 of Decree No. 100/2011/NĐ-CP, the foreign trade promotion organization must submit one set of application documents for amending and supplementing the License for Establishing a Representative Office to the licensing authority (submitting directly or sending through postal service).

2. The application documents for amending and supplementing the License for Establishing a Representative Office shall be implemented in accordance with the provisions of Clause 2, Article 17 Government Decree No. 100/2011/NĐ-CP. The application form shall be carried out according to model XTTMNN-7 Upon accepting the dossier, the licensing authority shall record a receipt. The receipt shall be made in two copies according to Model XTTMNN-5 attached as an appendix to this Circular, one copy given to the foreign trade promotion organization and one copy retained by the licensing authority;

3. The procedures and formalities for amending and supplementing the License shall be implemented in accordance with the provisions of Clauses 2, 3, and 4 of Article 5 of this Circular. The time limit for resolution shall be implemented in accordance with the provisions of Clause 3, Article 17 Government Decree No. 100/2011/NĐ-CP.

Article 7. Reissuing the License for Establishing a Representative Office

1. In cases of reissuing the License for Establishing a Representative Office, within fifteen working days from the date of change as stipulated in Article 18 of Decree No. 100/2011/NĐ-CP, the foreign trade promotion organization must submit one set of application documents for amending and supplementing the License for Establishing a Representative Office to the licensing authority (submitting directly or sending through postal service).

2. The application documents for reissuing the License for Establishing a Representative Office shall be implemented in accordance with the provisions of Article 19 Government Decree No. 100/2011/NĐ-CP. The application form shall be carried out according to model XTTMNN-8 Upon accepting the dossier, the licensing authority shall record a receipt. The receipt shall be made in two copies according to Model XTTMNN-5 attached as an appendix to this Circular, one copy given to the foreign trade promotion organization and one copy retained by the licensing authority;

3. In cases of reissuing the license for establishing a representative office as prescribed in Clause 2, Article 25 of Decree No. 100/2011/NĐ-CP, the foreign trade promotion organization must submit one application form in accordance with model XTTMNN-8 Appendix promulgated together with this Circular and accompanied by the following documents:

a) Original copy of the license for establishing a representative office of the foreign trade promotion organization in Vietnam that has been issued;

b) One copy of the registration certificate for establishment or equivalent document of the foreign trade promotion organization;

c) One copy of the Charter or operational regulations of the foreign trade promotion organization;

d) One copy of the Charter or operational regulations of the Representative Office in Vietnam;

đ) One copy of the Curriculum Vitae of the head of the Representative Office in Vietnam;

e) The documents specified in points a, b, c, d, đ must be translated into Vietnamese and legalized consularly in accordance with the provisions of the law.

4. The procedures and formalities for reissuing the License shall be implemented in accordance with the provisions of Clauses 2, 3, and 4 of Article 5 of this Circular. The time limit for resolution is ten working days from the date of receipt of complete valid documents.

Article 8. Extending the License for Establishing a Representative Office

1. In cases of extending the License for Establishing a Representative Office as prescribed in Article 20 of Decree No. 100/2011/NĐ-CP, the foreign trade promotion organization must submit one set of application documents for extension to the licensing authority (submitting directly or sending through postal service).

2. The application documents for reissuing the License for Establishing a Representative Office shall be implemented in accordance with the provisions of Clause 2, Article 20 Government Decree No. 100/2011/NĐ-CP. The application form shall be carried out according to model XTTMNN-9 Appendix promulgated together with this Circular:

3. The procedures and time limits for receiving and processing the application documents for extending the License for Establishing a Representative Office of the foreign trade promotion organization shall be carried out in accordance with the guidance provided in Clauses 2, 3, and 4 of Article 5 of this Circular.

Article 9. Terminating the Operations of a Representative Office

1. In cases of terminating the operations of a Representative Office as prescribed in Point a, Clause 1, Article 12 of Decree No. 100/2011/NĐ-CP, the foreign trade promotion organization must submit one set of application documents for termination of operations to the licensing authority (submitting directly or sending through postal service).

2. The application documents for termination of operations include:

a) One Application Form for Termination of Operations of a Representative Office according to model XTTMNN-3 Appendix promulgated together with this Circular;

b) Documents and materials proving the completion of obligations as stipulated in Clause 2, Article 12 of Decree No. 100/2011/NĐ-CP.

3. Within thirty days from the date of receipt of complete valid documents, the licensing authority shall examine and approve the termination of operations of the Representative Office if no notifications, complaints, or lawsuits from relevant agencies, organizations, or individuals are received.

4. Other cases of terminating the operations of a Representative Office, the foreign trade promotion organization and the Representative Office must strictly comply with the provisions of Decree No. 100/2011/NĐ-CP and other related laws of Vietnam.

Article 10. Revocation of Representative Office Establishment License

1. In cases where the license is revoked according to the provisions of Clause 2, Article 23 of Decree No. 100/2011/NĐ-CP, the licensing authority shall issue a decision to revoke the Representative Office establishment license.

2. The decision to revoke the Representative Office establishment license shall be made in accordance with model XTTMNN-10 attached as an appendix to this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Responsibility for Implementation

1. The Department of Trade Promotion shall be responsible for:

a) Taking the lead and coordinating with relevant agencies in drafting and submitting to competent authorities for issuance of legal normative documents on representative offices of foreign trade promotion organizations in Vietnam;

b) Organizing the issuance, reissuance, amendment, supplementation, extension, termination, and revocation of business operation licenses for representative offices of foreign trade promotion organizations in Vietnam;

c) Taking the lead and coordinating with relevant agencies in state management work concerning the activities of representative offices of foreign trade promotion organizations nationwide, handling violations of law by such representative offices in Vietnam within their jurisdiction;

d) Taking the lead and coordinating with relevant agencies in building a database on representative offices of foreign trade promotion organizations in Vietnam nationwide;

2. Relevant units under the Ministry of Industry and Trade shall be responsible for participating in state management work concerning the activities of representative offices within their jurisdiction.

3. Department of Industry and Trade the of provinces and centrally governed cities shall be responsible for implementing state management over the activities of representative offices of foreign trade promotion organizations within their localities in accordance with the law; reporting to the Ministry of Industry and Trade (Department of Trade Promotion) on management, monitoring, supervision, inspection, and violation handling concerning the activities of representative offices Vof foreign trade promotion organizations Vin their jurisdictions 1. This Circular shall take effect from the date 2. During implementation, if any difficulties arise, relevant units shall have the responsibility to report to the Ministry of Industry and Trade for appropriate supplementation and amendment.

Article 12. Effective Date

1. This Circular takes effect from the date 10 the 5 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).2.

2. During implementation, if any difficulties arise, relevant units shall have the responsibility to report to the Ministry of Industry and Trade for appropriate supplementation and amendment../.