Decree No. 14/2024/NĐ-CP Amending and supplementing some articles of Decree No. 28/2018/NĐ-CP dated March 1, 2018 of the Government detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade.

DECREE

Amending and supplementing certain articles of Decree No. 28/2018/NĐ-CP dated March 1, 2018 of the Government detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade

dated March 1, 2018 concerning detailed regulations on the Law on Foreign Trade Management regarding certain measures to develop foreign trade

Pursuant to the Law on the Organization of the Government dated June 19, 2015;

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Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 28/2018/NĐ-CP dated March 1, 2018 of the Government detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 81/2018/NĐ-CP dated May 22, 2018

Article 1. Amending and supplementing certain articles of Decree No. 28/2018/NĐ-CP dated March 1, 2018 of the Government detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade 1. Amending Clause 1, Clause 4, Point c Clause 6, Clause 7, Clause 8 and supplementing Point c after Point b Clause 3 Article 26 as follows:

"1. A foreign trade promotion organization establishing a Representative Office in Vietnam shall submit one set of application documents to the Department of Industry and Trade of the province or centrally governed city (the licensing authority) where the Representative Office is intended to be located to request for a license to establish a Representative Office in Vietnam."

b) Supplementing Point c after Point b Clause 3 Article 26 as follows:

a) Amend Clause 1 as follows:

"c) Submitting online electronic components of the application documents with legal value through the National Public Service Portal or the Provincial Information System for Administrative Procedures."

"4. Within twenty days from the date of receipt of complete application documents, the licensing authority shall examine and issue a license for establishing a Representative Office for the foreign trade promotion organization according to Model No. 02 attached hereto. In case of non-issuance, the licensing authority must provide a written response stating the reasons. In cases requiring opinions from the Ministry of Public Security and the Ministry of Defense as stipulated in Clause 8 of this Article, the processing time limit is forty days from the date of receipt of complete application documents."

d) Amending Point c Clause 6 as follows:

c) Amending Clause 4 as follows:

"c) There are signs or evidence indicating that the foreign trade promotion organization established a Representative Office to organize, participate in, or finance activities detrimental to national security, defense, public order, social safety, and contrary to Vietnamese traditions, culture, ethics, and customs;"

e) Amending Clause 7 as follows:

"7. After issuing a license for establishing a Representative Office of a foreign trade promotion organization in Vietnam, the licensing authority shall send an electronic copy of the license to the Ministry of Industry and Trade, the Ministry of Defense, the Ministry of Public Security, the Departments of Industry and Trade of all provinces and centrally governed cities nationwide, and relevant provincial authorities where the Representative Office is located, including the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee), tax authorities, statistical authorities, public security authorities, and publish it on the licensing authority’s website."

f) Amending Clause 8 as follows:

"8. In cases where the activities of the Representative Office involve promoting trade in goods and services specifically used for national security and defense, the licensing authority shall report to the Provincial People's Committee which shall seek opinions in writing from the Ministry of Public Security and the Ministry of Defense on issuing a license for establishing a Representative Office. The Ministry of Public Security and the Ministry of Defense shall respond in writing within fourteen days from the date of receipt of the report."

2. Amending Point a, Point b Clause 1 and supplementing Point c after Point b Clause 4 Article 27 as follows:

"a) Changing the head of the Representative Office or changing information about the head of the Representative Office recorded on the license;" "b) Changing the location of the Representative Office within the province or centrally governed city where the Representative Office is currently located;"

c) Supplementing Point c after Point b Clause 4 as follows:

a) Amend point a, Clause 1 as follows:

"c) Submitting online electronic components of the application documents with legal value through the National Public Service Portal or the Provincial Information System for Administrative Procedures."

b) Amending Point b of Clause 1 as follows:

3. Supplementing Clause 1a after Clause 1, amending Clause 2, supplementing Point c after Point b Clause 3 and amending Clause 4 Article 28 as follows:

a) Supplementing Clause 1a after Clause 1 as follows:

"1a. A license for establishing a Representative Office of a foreign trade promotion organization shall be reissued in the following cases:

a) The license for establishing a Representative Office is lost, burned, torn, deteriorated, or destroyed in another manner;

b) Changing the location of the Representative Office to another province or centrally governed city. At least ninety days before the anticipated change of location, the foreign trade promotion organization or the Representative Office must notify creditors, employees of the Representative Office, and other interested parties. This notification must clearly state the anticipated date of the change of location of the Representative Office, must be publicly posted at the Representative Office's headquarters, and published in three consecutive issues of a permitted newspaper or online news site in Vietnam."

"2. The application for reissuing a license for establishing a Representative Office shall be carried out as follows:

a) One written request to the licensing authority where the Representative Office is located according to Model No. 04 attached hereto (applicable in the case provided for in Point a Clause 1a of this Article);

b) One written request to the licensing authority where the Representative Office is intended to move, the original license for establishing a Representative Office of the foreign trade promotion organization still valid for at least sixty days, and proof of public posting at the Representative Office's headquarters and publication in three consecutive issues of a permitted newspaper or online news site in Vietnam regarding the relocation of the Representative Office to another province or centrally governed city (applicable in the case provided for in Point b Clause 1a of this Article)."

b) Amend Clause 2 as follows:

"4. The procedure for reissuing a license for establishing a Representative Office is as follows:"

a) 01 document requesting the authority issuing the Permit for the location of the Representative Office according to Model No. 04 attached as an appendix to this Decree (applicable in the case provided for in point a, Clause 1a, Article of this Law);

b) 01 document requesting the authority issuing the Permit for the proposed location of the Representative Office according to Model No. 04 attached as an appendix to this Decree; the original Permit establishing the Representative Office of the foreign trade promotion organization in Vietnam still valid for at least 60 days; evidence proving that public notice has been posted at the Representative Office's headquarters and published in three consecutive issues of a permitted printed or online newspaper in Vietnam regarding the relocation of the Representative Office to another province or city (applicable in the case provided for in point b, Clause 1a, Article of this Law).

c) Supplementing point c after point b of Clause 3 as follows:"

"1a. A license for establishing a Representative Office of a foreign trade promotion organization shall be reissued in the following cases:

d) Amend Clause 4 as follows:

4. The procedure for reissuing the Permit for establishing a Representative Office is as follows:

a) Within fourteen days from the date of receiving complete files as stipulated at point a, Clause 1a, Article of this provision, the authority issuing the Permit shall be responsible for reissuing the Permit to foreign trade promotion organizations. The Permit reissued in this case shall have the same validity period as that of the lost, burnt, torn, deteriorated, or otherwise destroyed Permit.

b) Upon receipt of the application file for reissuing the Permit to establish a Representative Office as stipulated at point b, Clause 1a, Article of this provision, the authority receiving the file shall send a written document to the Department of Industry and Trade of the province or centrally governed city where the Representative Office is located to seek their opinion on reissuing the Permit. The Department of Industry and Trade of the province or centrally governed city where the Representative Office is located shall reply in writing within fourteen days from the date of receiving the request document. The time limit for reissuing the Permit to establish a Representative Office as stipulated at point b, Clause 1a, Article of this provision is twenty-six days from the date of receiving complete application files for reissuing submitted by the foreign trade promotion organization. In cases where the Permit is not issued, the authority receiving the file must provide a written response stating the reasons and simultaneously return the original Permit to establish a Representative Office submitted with the reissue application. The Permit reissued in this case shall have a validity period as prescribed in Clause 5, Article 26 of Decree No. 28/2018/NĐ-CP.

c) After reissuing the Permit to establish a Representative Office, the authority issuing the Permit shall send an electronic copy of the reissued Permit to the authorities specified in Clause 7, Article 26 of this Decree.

4. Add point c following point b, Clause 3, Article 29 as follows:

"1a. A license for establishing a Representative Office of a foreign trade promotion organization shall be reissued in the following cases:

5. Amend Clause 2, add point c following point b, Clause 5, amend Clause 7 and Clause 8, Article 33 as follows:

a) Amending Clause 2 as follows:

“2. Cases of revoking the Permit to establish a Representative Office:

a) Not officially commencing operations within six months from the date of issuance of the Permit;

b) Ceasing operations continuously for six months without notifying the authority issuing the Permit to establish a Representative Office;

c) Not operating in accordance with the functions of the Representative Office as prescribed by Vietnamese laws and related international treaties to which Vietnam is a member;

d) Evidence showing that the Representative Office organizes, participates in, or sponsors activities detrimental to national security, defense, public order, social safety, and contrary to Vietnamese traditions, culture, ethics, and customs;

đ) The authority issuing the Permit receives an official notification from competent authorities regarding violations of Vietnamese labor laws by the foreign trade promotion organization or its Representative Office to the extent that criminal responsibility must be pursued;

e) The authority issuing the Permit receives an official notification from competent authorities regarding the foreign trade promotion organization being listed under sanctions measures pursuant to United Nations Security Council Resolutions.”

b) Add point c following point b, Clause 5 as follows:

d) Amending Point c Clause 6 as follows:

c) Amend Clause 7 as follows:

“7. Within seven working days from the date of receiving the non-renewal notice of the Permit to establish a Representative Office or from the date of issuing the decision to revoke the Permit (according to Model No. 08 attached to this Decree) as stipulated at point đ, Clause 1 of this provision, the authority issuing the Permit must publish information on its official website and notify the Ministry of Industry and Trade, Provincial People's Committee, tax authority, statistical authority, provincial police authority where the Representative Office is located, and the Ministry of Public Security and the Ministry of National Defense in cases where the Representative Office was established according to Clause 8, Article 26 of this Decree.”

d) Amend Clause 8, Article 33 as follows:

“8. Within seven working days from the date of approving the termination of operations of the Representative Office and withdrawing the Permit, the authority issuing the Permit shall be responsible for informing the termination of operations of the Representative Office to the Ministry of Industry and Trade, Provincial People's Committee, tax authority, statistical authority, provincial police authority where the Representative Office is located, and the Ministry of Public Security and the Ministry of National Defense in cases where the Representative Office was established according to Clause 8, Article 26 of this Decree.”

6. Amend point b, Clause 1, Clause 4, and Clause 5, Article 34 as follows:

a) Amending Point b Clause 1 as follows:

“b) To take the lead, coordinate with ministries, ministerial-level agencies, relevant agencies, and provincial people's committees to implement, inspect, and supervise the National Program on Trade Promotion, the National Program on Brand Development, and state management over foreign trade promotion organizations in Vietnam; conduct inspections and supervision of the state management work of the Department of Industry and Trade over the activities of foreign trade promotion organizations' Representative Offices in Vietnam; send copies of all issued, amended, reissued, and renewed Representative Office establishment Permits of foreign trade promotion organizations in Vietnam to the Department of Industry and Trade of the province or centrally governed city where the Representative Office is located;”

b) Amend Clause 4 as follows:

“4. Ministries and ministerial-level agencies within their respective jurisdictions shall take the lead, coordinate with provincial people's committees and relevant agencies to implement the National Programs on Building and Developing Industry Brands; coordinate with the Ministry of Industry and Trade and provincial people's committees in managing the activities of foreign trade promotion organizations' Representative Offices in Vietnam.”

c) Amend Clause 5 as follows:

“5. Provincial People's Committees shall be responsible for:

a) Guiding, leading, and implementing local trade promotion activities to develop foreign trade as prescribed in this Decree;

b) Conducting state management, inspection, and supervision over the activities of foreign trade promotion organizations' Representative Offices within their jurisdiction;

c) The Department of Industry and Trade shall assist the provincial people's committee in implementing the management contents stipulated in point b of this clause and report the results of implementation to the provincial people's committee and the Ministry of Industry and Trade before February 28 each year according to Model No. 09 attached to this Decree.”

Article 2. Supplement, replace, and abolish certain provisions of Decree No. 28/2018/NĐ-CP dated March 1, 2018, of the Government detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade.

1. Replace some phrases in the following articles, clauses, and points:

a) Replace the phrase "postal route" with the phrase "postal service" at point a, Clause 3, Article 10; point a, Clause 3, Article 11; point a, Clause 3, Article 26; point a, Clause 4, Article 27; point a, Clause 3, Article 28; point a, Clause 3, Article 29; and point a, Clause 5, Article 33.

b) Replace the phrase "30 working days" with the phrase "30 days" at Clause 2, Article 27.

c) Replace the phrase "10 working days" with the phrase "14 days" at Clause 5, Article 27 and Clause 4, Article 29.

2. Supplement and replace certain forms in the Appendix as follows:

a) Add Form No. 09 "Report on State Management Work for the Activities of Overseas Trade Promotion Organization Representative Offices in Vietnam."

b) Replace Forms No. 01 to No. 08.

3. Abolish point h, Clause 2, Article 26; point d, Clause 3, Article 27; and point e, Clause 1, Article 33.

Article 3. Implementation Provisions

1. This Decree takes effect from March 25, 2024.

2. Administrative procedures submitted before this Decree takes effect shall be governed by the provisions of Decree No. 28/2018/NĐ-CP dated March 1, 2018, of the Government detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade.