Circular No. 11/2016/TT-BCT stipulates the forms for establishing, adjusting, and terminating operations of Representative Offices and Branches of foreign traders in Vietnam. This Circular provides detailed guidance on necessary application forms, licenses, and reports for management purposes.
Đối tượng áp dụng
Foreign traders wishing to establish a Representative Office or Branch in Vietnam; licensing authorities and related organizations.
Các điểm cốt lõi
- Foreign traders must use the application forms, licenses, and reports prescribed by this Circular when conducting procedures to establish a Representative Office or Branch in Vietnam (Article 1).
- Licensing authorities are responsible for updating information on issuance, adjustment, extension, and revocation of licenses into the database within fifteen days from the date of completion of such procedures (Article 4.3, Article 4.4).
- This Circular specifies the format for issuing licenses for establishing Representative Offices and Branches on A4 paper according to the model issued together with this Circular (Article 3).
- The Planning Department, Ministry of Industry and Trade is responsible for receiving and processing applications for issuance, reissuance, adjustment, extension, and termination of Branch licenses (Article 4.1).
- This Circular takes effect from August 20, 2016, and replaces Circular No. 11/2006/TT-BTM previously issued.
🌐 Tác động xã hội từ văn bản này
- Enhances transparency and efficiency in managing the activities of Representative Offices and Branches of foreign traders in Vietnam.
- Provides specific regulations on application forms, licenses, and reports to reduce errors in administrative procedures.
- Related organizations must update information into the database promptly, adding additional work for them.
❓ Câu hỏi thường gặp
What application form should foreign traders use to request a license to establish a Representative Office?
Use the Application Form for Issuing and Reissuing Licenses to Establish a Representative Office according to Model MD-1 attached to this Circular.
When does this Circular take effect?
Circular No. 11/2016/TT-BCT takes effect from August 20, 2016.
Which agency is responsible for receiving and processing applications for Branch establishment licenses?
The Planning Department, Ministry of Industry and Trade is the lead agency responsible for implementing this task according to Article 4.1.
Which Circular does this Circular replace?
Circular No. 11/2016/TT-BCT replaces Circular No. 11/2006/TT-BTM dated September 28, 2006, of the Ministry of Trade.
Who manages the database on Representative Offices and Branches?
The E-commerce and Information Technology Department, Ministry of Industry and Trade is responsible for establishing, managing, and operating this database.
Toàn văn
|
MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
|
Number: 11/2016/TT-BCT |
Hanoi, July 5, 2016 |
CIRCULAR
Regulations on 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 traders in Vietnam
The Minister of Industry and Trade issues this Circular regulating 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 traders in Vietnam as follows:
Article 1. Forms of Application for Permission, Permission Certificate, Report, Notice of Termination of Operations of Representative Offices and Branches of foreign traders in Vietnam; Form of Report of the Issuing Authority
____________
Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to 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 traders in Vietnam;
At the proposal of the Director of the Planning Department,
1. Form of Application for Permission to Establish a Representative Office (reissue according to Clause 1, Article 18 of Decree No. 07/2016/NĐ-CP) according to Model MD-1 of the Appendix attached hereto.
2. Form of Application for Reissue of Permission to Establish a Representative Office (reissue according to Clause 2, Article 18 of Decree No. 07/2016/NĐ-CP) according to Model MD-2 of the Appendix attached hereto.
3. Form of Application for Amendment of Permission to Establish a Representative Office according to Model MD-3 of the Appendix attached hereto.
4. Form of Application for Extension of Permission to Establish a Representative Office according to Model MD-4 of the Appendix attached hereto.
5. Form of Application for Permission to Establish a Branch according to Model MD-5 of the Appendix attached hereto.
6. Form of Application for Reissue of Permission to Establish a Branch according to Model MD-6 of the Appendix attached hereto.
7. Form of Application for Amendment of Permission to Establish a Branch according to Model MD-7 of the Appendix attached hereto.
8. Form of Application for Extension of Permission to Establish a Branch according to Model MD-8 of the Appendix attached hereto.
9. Form of Permission Certificate to Establish a Representative Office according to Model GP-1 of the Appendix attached hereto.
10. Form of Permission Certificate to Establish a Branch according to Model GP-2 of the Appendix attached hereto.
11. Form of Notice of Termination of Operations of a Representative Office, Branch according to Model TB of the Appendix attached hereto.
12. Form of Report on Operations of a Representative Office according to Model BC-1 of the Appendix attached hereto.
13. Form of Report on Operations of a Branch according to Model BC-2 of the Appendix attached hereto.
14. Form of Annual Report of the Issuing Authority according to Model BC-3 of the Appendix attached hereto.
Article 2. Codes of provinces and centrally governed cities
Codes of provinces and centrally governed cities according to Table 1 of the Appendix attached hereto.
Permission Certificates to Establish Representative Offices, Branches shall be printed on A4 paper. The recording format of the Permission Certificate shall follow Table 2 of the Appendix attached hereto.
1. The Planning Department, Ministry of Industry and Trade is the lead unit responsible for receiving, processing applications for issuance, reissuance, amendment, extension of Permission Certificates to Establish Branches and termination of operations of Branches as stipulated in Article 6 of Decree No. 07/2016/NĐ-CP, reporting to the Minister of Industry and Trade for consideration and decision; it is also responsible for monitoring, urging, and inspecting the implementation of this Circular.
3. The Planning Department, Ministry of Industry and Trade is responsible for updating relevant information into the database specified in Clause 2 of this Article within fifteen days from the date of issuance, reissuance, amendment, extension, and revocation of Permission Certificates to Establish Branches, and termination of operations of Branches.
4. The issuing authority of Permission Certificates to Establish Representative Offices is responsible for updating relevant information into the database specified in Clause 2 of this Article within fifteen days from the date of issuance, reissuance, amendment, extension, and revocation of Permission Certificates to Establish Representative Offices, and termination of operations of Representative Offices.
5. The issuing authority of Permission Certificates to Establish Representative Offices, the Planning Department, Ministry of Industry and Trade is responsible for updating information about administrative violations against Representative Offices and Branches into the database specified in Clause 2 of this Article after the administrative penalty decision has been made for the violation committed by Representative Offices and Branches.
2. The E-commerce and Information Technology Department, Ministry of Industry and Trade is responsible for establishing, managing, operating, and maintaining the database on Representative Offices and Branches of foreign traders in Vietnam on the Ministry of Industry and Trade's website at www.moit.gov.vn.
5. The agency issuing the License for the establishment of the Representative Office, the Department of Planning, Ministry of Industry and Trade shall be responsible for updating information on administrative penalties against the Representative Office, Branch in the database prescribed in Clause 2 of this Article after the decision on administrative penalty for the violation committed by the Representative Office, Branch has been issued.
Article 5. Effective Date
1. This Circular shall take effect from August 20, 2016.
2. This Circular abolishes Circular No. 11/2006/TT-BTM dated September 28, 2006 of the Ministry of Trade (now the Ministry of Industry and Trade) guiding the implementation of Decree No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the Law on Trade regarding Representative Offices and Branches of foreign traders in Vietnam.
| Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, agencies equivalent to ministries, and government agencies; - Supreme People's Procuracy, Supreme People's Court; - Provincial and municipal People's Committees directly under the central government; - Central Party Office and Party Committees; - National Assembly's Office; - Office of the General Secretary; - National Assembly's Ethnic Council and Committees; - President's Office; - State Audit Agency; - Ministry of Justice's Legal Documents Inspection Department; - Departments of Industry and Trade; - Management Boards of Economic Zones, Industrial Parks, Export Processing Zones, High-Tech Zones; - Official Gazette; Ministry of Industry and Trade’s website; - Ministry of Industry and Trade: Ministers, Deputy Ministers; - Units under the Ministry of Industry and Trade; - File: VT; KH. |
THE MINISTER
Tran Tuan Anh
|
Văn bản gốc (PDF)
Tải văn bản
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: