Decree No. 120/2011/ND-CP Amending and supplementing administrative procedures in some Decrees of the Government detailing the Trade Law

DECREE

Amending and supplementing administrative procedures in certain Decrees of the Government detailing the Law on Trade

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Industry and Trade,

DECREE

Article 1. Supplement Clause 14 to Article 3 of Decree No. 158/2006/NĐ-CP dated December 28, 2006 of the Government detailing the Law on Trade regarding trading activities through commodity exchanges as follows:

"14. A copy is:

a) An authenticated copy (for cases where the application dossier is submitted via postal service or administrative correspondence);

c) Scans from original documents (if electronic submission of administrative procedures is applied).

c) A scanned copy from the original (if the administrative procedure applies electronic submission of the dossier)."

1. Add Article 3a after Article 3 as follows:

"Article 3a. Explanation of terms

Copies of documents in the application dossier for the issuance of a License to establish a Representative Office or Branch and in the application dossier for reissuance of a License to establish a Representative Office or Branch are:

a) An authenticated copy (for cases where the application dossier is submitted via postal service or administrative correspondence);

c) Scans from original documents (if electronic submission of administrative procedures is applied).

c) A scanned copy from the original (if the administrative procedure applies electronic submission of the dossier)."

2. Amend Point b Clause 1, Point c Clause 2 and Clause 3 Article 5 as follows:

a) Replace the phrase "A copy of the Business Registration Certificate or equivalent document of the foreign trader confirmed by the competent authority where the foreign trader was established or registered" with "A copy of the Business Registration Certificate or equivalent document of the foreign trader legalized according to Vietnamese law";

b) Amend the paragraph "The documents specified in Points b and c Clause 1, Points b, c and d Clause 2 of this Article" to read "The documents specified in Point c Clause 1, Points b and d Clause 2 of this Article".

3. Supplement the following provisions regarding the number of dossiers to be submitted in Articles 5, 10, 12, and 14:

"The number of dossiers to be submitted is one (01) set."

Article 3. Amending and supplementing some articles of Decree No. 35/2006/NĐ-CP dated March 31, 2006 of the Government detailing the Law on Trade concerning trade franchising activities

1. Amend Clause 4 Article 4 as follows:

"4. The People's Committee of provinces and centrally governed cities shall have the following responsibilities:

a) To manage state administration over domestic trade franchising activities within their jurisdiction;

b) To direct the Department of Industry and Trade to report periodically on trade franchising activities within their jurisdiction to the Ministry of Industry and Trade."

2. Supplement Article 17a after Article 17 as follows:

"Article 17a. Cases not requiring registration of franchising

1. The following cases do not require registration of franchising:

a) Domestic franchising;

b) Franchising from Vietnam to abroad.

2. For cases not requiring registration of franchising, the reporting system to the Department of Industry and Trade must be implemented."

3. Repeal Point b Clause 1 and Clause 2 Article 18.

4. Amend Clause 4 Article 19 as follows:

"4. The documents specified in Clauses 2 and 3 of this Article must be legalized according to Vietnamese law."

1. Repeal Point b and d Clause 1 Article 4; Clauses 2, 3, and 4 Article 8; Article 9; Article 10; Article 11; Article 12; Point d Clause 1 Article 19 and Article 22 of Decree No. 20/2006/NĐ-CP.

2. Amending Clause 3 Article 4 as follows:

"3. The People's Committee of the province or centrally governed city where the trader registers business within its jurisdiction shall implement state management over commercial inspection service activities."

Article 5. Effective Date

This Decree takes effect from February 1, 2012.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree./.