Decree No. 28/2018/ND-CP detailing the Law on Foreign Trade Management regarding certain measures to develop foreign trade.

DECREE

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;

Pursuant to the Law on the origin of goods; July 1912 the 6 years 2017;

At the proposal of the Minister ofThe Government issues this Decree;

The Government issues this Decree detailing certain provisions of the Law on Foreign Trade Management concerning certain measures to develop foreign trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the Law on Foreign Trade Management on developing foreign trade activities through trade promotion, the activities of Vietnamese trade promotion organizations abroad, and the activities of foreign trade promotion organizations in Vietnam.

Article 2. Applicability

1. Domestic trade promotion agencies and organizations;

2. Vietnamese trade promotion organizations abroad;

3. Foreign trade promotion organizations in Vietnam;

4. Organizations and individuals within and outside Vietnam participating in and implementing foreign trade and trade promotion activities to develop foreign trade.

Chapter II

TRADE PROMOTION ACTIVITIES

DEVELOPMENT OF FOREIGN TRADE

Section 1

CONTENTS OF TRADE PROMOTION ACTIVITIES

DEVELOPMENT OF FOREIGN TRADE

Article 3. Contents of trade promotion activities for the development of foreign trade

1. Trade connection activities, participation in distribution systems abroad and in Vietnam.

2. Support for the development and operation of commercial infrastructure and logistics serving foreign trade activities.

3. Support for research and development to improve product quality.

4. Training and enhancing trade promotion capabilities and market development.

5. Other trade promotion activities for the development of foreign trade as prescribed by law.

Article 4. Trade connection activities, participation in distribution systems abroad and in Vietnam

1. Organizing and participating in conferences, trade fairs, exhibitions, trading events, and trade promotion events abroad and in Vietnam to serve exports and imports.

2. Advising and supporting the establishment of distribution systems and display areas for export goods abroad and in Vietnam.

3. Organizing market survey teams and transactions with foreign organizations and enterprises.

4. Organizing foreign business delegations to Vietnam to participate in conferences, trade fairs, exhibitions, market surveys, and transactions with Vietnamese enterprises.

5. Organizing trading activities and connections through electronic commerce platforms, information portals, the Internet, and telecommunications networks.

6. Specific trade connection activities and participation in distribution systems decided by the Minister of Industry and Trade.

Article 5. Support for the development and operation of commercial infrastructure and logistics serving foreign trade activities

1. Supporting the development of commercial infrastructure and logistics serving foreign trade activities including exhibition centers, trade promotion infrastructure; logistics centers; bonded warehouses, container freight stations (CFS).

2. Trade promotion activities supporting logistics serving foreign trade activities

a) Organizing and participating in conferences, trade fairs, and exhibitions abroad on logistics;

b) Inviting business delegations to Vietnam to exchange about investment opportunities and cooperation in developing logistics services;

c) Organizing the Vietnam Logistics Forum, organizing international logistics trade fairs and exhibitions in Vietnam;

d) Other specific trade promotion activities supporting the development and operation of commercial infrastructure and logistics serving foreign trade activities decided by the Minister of Industry and Trade.

Article 6. Activities to support research, development, and improve product and commodity quality

1. Support for product, industry, and market research

a) Building and disseminating information and databases on products, industries, and markets; guiding and supporting enterprises to access, apply, and comply with import organizations' regulations, international commitments regarding exported and imported products;

b) Organizing and participating in survey programs and research activities to gather information about products, industries, and markets;

c) Domestic and international conferences, seminars, forums providing information on product, industry, and market development;

d) Promoting and publicizing export-potential products through domestic and foreign media;

2. Supporting and enhancing design capabilities for product and market development for enterprises

a) Training, instructing, and disseminating knowledge to enhance design and product development capabilities for enterprises and designers;

b) Organizing advisory activities, hiring consulting experts, and supporting the implementation of design and product development;

c) International cooperation in the field of product design and development;

d) Connecting enterprises with designers through organized activities;

đ) Promoting and publicizing the development of design;

e) Other activities related to supporting enterprises in enhancing design capabilities;

3. Supporting and enhancing capabilities in building, developing, and protecting brands;

4. Other trade promotion activities for specific products, industries, and markets as decided by the Minister of Industry and Trade;

Article 7. Training and Enhancing Trade Promotion Capabilities and Market Development

1. Training, instructing, advising, and enhancing capabilities (both direct and online)

a) Collecting, processing commercial information, conducting market surveys, and researching export industries;

b) Developing and implementing export and import marketing strategies;

c) Building and promoting brands for potential export industries, enhancing brand-building and promotional capabilities for products;

d) Organizing and participating in trade promotion programs, conferences, exhibitions, and trade fairs;

đ) Organizing and participating in trade connection activities, including participation in distribution systems, including trade connections through electronic commerce platforms, electronic information portals, the Internet, and telecommunications networks;

e) Negotiating, signing, and executing contracts; handling international trade disputes;

g) Designing and developing products to meet market demands;

h) Other trade promotion capabilities as decided by the Minister of Industry and Trade;

2. Developing and issuing training, instructing, advising materials to enhance trade promotion and market development capabilities;

3. Other specific activities to enhance trade promotion and market development capabilities as decided by the Minister of Industry and Trade;

Section 2

NATIONAL TRADE PROMOTION PROGRAM

Article 8. General Provisions for the National Trade Promotion Program

1. The National Trade Promotion Program includes trade promotion activities carried out according to criteria

a) Promoting trade for products and industries with export potential in economic regions and the country, developing export markets;

b) Improving the effectiveness of imports to serve domestic production and exports;

c) Being consistent with economic and social development strategies and foreign trade strategies at different periods;

d) The Program is issued by the Prime Minister, with coordination mechanisms among ministries and sectors; the Ministry of Industry and Trade is the leading agency;

đ) Linking trade promotion between exports and imports among ministries and sectors; linking between industries or localities;

e) Implemented through projects under the National Trade Promotion Program as decided by the competent authority stipulated in Article 10 of this Decree and supported by state budget;

g) The leading organization of the project must be reputable organizations with representative nature and organizational capability;

2. Objectives of the Program

a) Contributing to enhancing production and business capabilities of the business community;

b) Supporting the development of trade infrastructure and logistics serving foreign trade activities;

c) Timely and effectively responding to market reactions and changes in export and import markets;

3. Leading organizations of the Program's projects include

a. Trade promotion organizations under ministries and agencies at ministerial level;

b. Other trade promotion organizations: Industry associations, nationwide enterprise associations; local government trade promotion organizations; Vietnam Farmers' Union; Vietnam Federation of Cooperatives; trade promotion organizations established by

4. Organizations participating in and benefiting from the Program are enterprises of all economic sectors, cooperatives, and Vietnamese trade promotion organizations established in accordance with current laws. Participating organizations benefitting from the Program must implement trade promotion projects effectively and are responsible for following the provisions of this Decree;

5. Projects implementing the Program must meet the following requirements

a) Consistent with the practical needs of the business community;

b) Consistent with the strategic direction of exports or imports or approved industry development strategies;

c) Consistent with regional economic and local development strategies;

d) Consistent with the provisions of Articles 9 and 15 of this Decree;

đ) Ensuring feasibility in terms of implementation methods, timeframes, human resources, and finance;

e) For projects lasting more than one year, the leading organization must develop content and budgets, and settle accounts annually.

Article 9. Sources of funding, principles of support, and levels of financial support for trade promotion projects under the National Trade Promotion Program

1. Funding for the implementation of the Program shall come from the following sources:

a) The State budget allocated annually in accordance with the export growth targets decided by the National Assembly for each period;

b) Contributions from organizations and enterprises participating in the Program;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other lawful sources of funding as prescribed by law.

2. Support Principles

a) The State will provide partial funding for the implementation of projects participating in the Program;

b) The funding for implementing the Program is allocated within the annual state budget estimate of the Ministry of Industry and Trade;

c) Units responsible for the main implementation may receive funding support from the State to implement trade promotion projects within the framework of the Program; they are responsible for ensuring effective and appropriate use of the funding support and settling accounts according to current regulations;

d) Support for participating units through the units responsible for the implementation of the Program;

đ) Units responsible for the main implementation have the responsibility to mobilize additional funding beyond the portion already supported by the State to implement the Program;

3. Level of support: Maximum support up to 100% of the funding for specific contents supported in trade promotion activities as stipulated in Article 15 of this Decree;

4. The Ministry of Industry and Trade shall specify criteria, detailed contents, and funding support for trade promotion activities within the framework of the National Trade Promotion Program.

Article 10. Procedures for developing project proposals to implement the National Trade Promotion Program

1. Before May 30 of the year preceding the planning year, the unit responsible for implementation shall submit two copies of the proposal for the project to implement the National Trade Promotion Program to the Ministry of Industry and Trade;

2. The proposal for the project to implement the National Trade Promotion Program submitted by the unit responsible includes:

a) A document proposing the project to implement the Program;

b) Detailed project plan for implementing trade promotion activities;

c) An unauthenticated copy of the decision on establishment or charter (or equivalent document), and a report on the trade promotion activities of the responsible unit in the most recent year;

3. The responsible unit may choose one of the following methods to submit the proposal:

b) Submitting directly at the Ministry of Industry and Trade;

4. Cases where the proposal will not be considered:

a) The responsible unit does not meet the requirements stipulated in Clause 3 of Article 8 of this Decree;

b) The content of the project does not fall within the activities specified in Article 15 of this Decree;

c) The proposal is incomplete as required by Clause 2 of this Article;

d) Other cases as prescribed by relevant laws;

5. In cases where the proposal is not considered as stipulated in Clause 4 of this Article, within ten working days from the date of receipt of the proposal, the Ministry of Industry and Trade shall notify the responsible unit in writing about the non-consideration of the proposal and clearly state the reasons;

6. Approval of the project to implement the National Trade Promotion Program:

a) Within twenty working days from the date of receipt of the notification from the Ministry of Finance regarding the state budget estimate for the Program, the Minister of Industry and Trade decides to approve the project and the amount of funding support according to the principle that the total funding support for implementing the projects shall not exceed the total budget estimate allocated;

b) Within five working days from the date of issuance of the approval decision, the Ministry of Industry and Trade shall announce to the responsible units and relevant state management agencies, and simultaneously inform about the projects that were not approved.

Article 11. Supplementing the project to implement the National Program on Trade Promotion

1. In cases where projects are supplemented outside those already approved, the leading unit shall submit two project proposal supplementation files to the Ministry of Industry and Trade.

2. The project proposal for supplementing the implementation of the National Program on Trade Promotion includes

a) A document proposing the project to implement the Program;

b) Detailed project plan for implementing trade promotion activities;

c) An unauthenticated copy of the decision on establishment or charter (or equivalent document), and a report on the trade promotion activities of the responsible unit in the most recent year;

3. The responsible unit may choose one of the following methods to submit the proposal:

b) Submitting directly at the Ministry of Industry and Trade;

4. The Ministry of Industry and Trade shall review the progress, content, and budget of the projects to adjust, recover unused funds, and approve supplementary projects under the Program.

Article 12. Contract for assigning tasks to implement projects within the National Program on Trade Promotion

1. Based on the decision approving the Program by the Minister of Industry and Trade, the state management agency under the Ministry of Industry and Trade responsible for trade promotion shall sign contracts to assign tasks for implementing projects within the National Program on Trade Promotion with the leading units and settle the support budget according to the signed contracts.

2. The contents of the contract for assigning tasks to implement projects within the National Program on Trade Promotion include

a) Project name;

b) Implementation time;

c) Location of trade promotion activities;

d) Specific items of work;

đ) Rights and obligations of the parties in the contract;

e) Budget estimate;

g) Clauses regarding acceptance, payment, and settlement.

Article 13. Adjustments and changes to the content of project implementation

1. In cases where there is a need to adjust or change the content of the implementation of a project that has been approved, at least 15 days before the first day of the trade promotion activity, the leading unit must send a written request to the Ministry of Industry and Trade to propose adjustments or changes to the project implementation content.

2. Within seven working days from the date of receipt of the request, the Ministry of Industry and Trade will respond in writing agreeing or disagreeing with the adjustment or change to the project implementation content.

3. If the leading unit fails to implement the project according to the approved objectives, content, and schedule, or if it is deemed that the project content is no longer appropriate, the Minister of Industry and Trade will consider and decide to terminate the project implementation.

4. In cases where the project cannot be implemented or completed within the planned year, the leading unit is responsible for reporting to the Ministry of Industry and Trade for consideration and decision.

Article 14. Reporting on the results of project implementation

1. Within fifteen days from the last day of the trade promotion activity, the leading unit must submit a written report on the project implementation results to the Ministry of Industry and Trade.

2. The leading unit has the obligation to report, provide materials, or explain issues related to the implementation of the project according to the requirements of the competent authority as stipulated in this Decree.

Article 15. Activities supported by the National Program on Trade Promotion

1. Connecting trade, participating in distribution systems abroad and in Vietnam

a) Organizing international trade fairs and exhibitions abroad and in Vietnam for export products; organizing domestic trade fairs for imported goods, raw materials, and equipment serving production for export, high-tech products, and raw materials for producing competitive products domestically;

b) Supporting the establishment of exhibition areas for promoting export goods on electronic information portals, e-commerce networks, the Internet, and telecommunications networks;

c) Organizing market survey delegations and transactions with organizations and businesses abroad;

d) Organizing foreign business delegations to Vietnam to participate in trade fairs, market surveys, and transactions with Vietnamese businesses;

đ) Organizing international conferences in Vietnam on export industries.

2. Supporting the development and operation of trade infrastructure and logistics serving foreign trade

a) Organizing and participating in conferences, trade fairs, and exhibitions abroad on logistics;

b) Inviting business delegations to Vietnam to exchange about investment opportunities and cooperation in developing logistics services;

c) Organizing the Vietnam Logistics Forum and international logistics trade fairs in Vietnam.

3. Activities supporting research and development, improving product quality

a) Building and disseminating information and databases on products, industries, and markets; guiding and supporting enterprises to access, apply, and comply with import organizations' regulations, international commitments regarding exported and imported products;

b) Organizing and participating in programs to survey and understand information about products, industries, and markets;

c) Domestic and international conferences, seminars, forums providing information on product, industry, and market development;

d) Training, providing seminars, disseminating knowledge to enhance design and development capabilities for export products for businesses and designers;

đ) Organizing advisory activities, hiring experts to assist in product design and development;

e) Organizing activities to connect businesses with designers;

g) International cooperation in the field of product design and development;

h) Organizing publicity and promotion of export-potential products through domestic and international media.

4. Training and enhancing trade promotion capabilities and market development

a) Training, providing seminars, consulting, and enhancing capabilities (both in-person and online) as prescribed in Clause 1, Article 7 of this Decree;

b) Developing and issuing training, seminar, consulting, and capability enhancement publications for trade promotion and market development.

5. Other trade promotion activities as

Section 3

||| NATIONAL PROGRAM ON BRAND BUILDING AND DEVELOPMENT

||| ARTICLE 16. PRINCIPLES AND GENERAL PROVISIONS FOR NATIONAL PROGRAMS ON BRAND BUILDING AND DEVELOPMENT

||| Clause 1. National programs on brand building and development are specific promotional activities carried out according to the following criteria:

a) Supporting the construction, development, promotion, and protection of brands for products, enterprises, and industries, thereby promoting foreign trade;

b) Being consistent with the national economic and social development strategy and the foreign trade strategy for each period;

c) Being implemented by the State over the long term throughout the country and abroad;

d) Within the framework of brand building and development programs established by

Clause 2. The funding for implementing national programs on brand building and development shall come from the following sources:

a) The State budget annually allocated;

c) Sponsorship from organizations and individuals both within and outside the country;

b) Contributions from organizations and enterprises participating in the Program;

Clause 3. Funding for implementing programs from the State budget is assigned in the annual budget estimate of the leading agency.

d) Other lawful sources of funding as prescribed by law.

Clause 4. The logo and other forms of representation within the framework of national programs on brand building and development are protected under Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

||| ARTICLE 17. NATIONAL PROGRAMS ON BRAND BUILDING AND DEVELOPMENT

Clause 1. The Vietnam National Brand Program.

Clause 2. The Industry Brand Building and Development Program.

Clause 3. Other programs as determined by

||| ARTICLE 18. THE VIETNAM NATIONAL BRAND PROGRAM

Clause 1. The Vietnam National Brand Program is a special long-term trade promotion program of the Government led by the Ministry of Industry and Trade, in collaboration with relevant ministries and sectors, aimed at building, developing, and protecting product brands, and promoting the image of the nation and its national brand.

Clause 2. The contents include:

a) Developing goals, strategies, and plans for development during each period;

b) Establishing a system of criteria and logos for the Vietnam National Brand;

c) Supporting enterprises in developing products that meet the Vietnam National Brand criteria system;

d) Supporting the construction, development, and protection of brands domestically and internationally;

đ) Communicating and publicizing the Vietnam National Brand Program domestically and internationally;

e) Trade promotion activities as stipulated in Article 3 of this Decree.

Clause 3. Benefits for enterprises with products included in the Vietnam National Brand Program:

a) Permission to use the Vietnam National Brand logo and the Vietnam National Brand identity system in production and business activities in accordance with the management and usage regulations of the Vietnam National Brand Program;

b) Participation in the formulation of strategic plans and specific action programs of the Vietnam National Brand Program;

c) Financial support when participating in activities under the Vietnam National Brand Program;

d) Priority access to participate in national-level trade promotion programs and industry brand building and development programs related to their products;

đ) Access to market information databases, product information, and industry information of the Program, except for information related to competitors or confidential information as prescribed by law;

e) Legal assistance from state agencies in disputes regarding foreign trade management measures and intellectual property rights disputes involving trademarks;

g) Preferential treatment when handling tax, customs, and other administrative procedures as prescribed by law.

Clause 4. Obligations of enterprises with products included in the Vietnam National Brand Program:

a) Adhering to the regulations and rules of the Vietnam National Brand Program;

b) Submitting regular and ad hoc reports to the Ministry of Industry and Trade as required regarding compliance with the Program's regulations and rules;

c) Contributing financial resources (if applicable).

Clause 5. The Ministry of Industry and Trade leads and submits to the Prime Minister for approval the regulations on the establishment, management, and implementation of the Vietnam National Brand Program.

Clause 6. The Ministry of Industry and Trade establishes the system of criteria for the Vietnam National Brand Program.

6. The Ministry of Industry and Trade shall specify the system of criteria for the Viet Nam National Brand Program.

Article 19. Program for Building and Developing Industry Brand in Vietnam

1. The program for building and developing industry brand in Vietnam is a special and long-term trade promotion program implemented by the Government, ministries, and equivalent agencies to establish and promote national brands for industries in line with export-import strategies or industry development strategies at each period, the orientation and objectives of the National Brand Program of Vietnam.

2. Contents of programs for building and developing industry brand in Vietnam include:

a) Establishing goals, strategies, and plans for developing industry brand in each period; Establishing criteria and brand symbols for industry brand;

b) Supporting and enhancing the capacity of associations and member enterprises in building, managing, and protecting industry brand;

c) Promoting and advertising industry brand domestically and internationally;

d) Trade promotion activities as stipulated in Article 3 of this Decree;

đ) Supporting enterprises to develop products that meet the criteria systems of the programs;

3. Programs for building and developing industry brand in Vietnam prioritize supporting localities, organizations, and industry associations that have registered trademarks, collective trademarks, and geographical indications protected under intellectual property rights both domestically and internationally.

4. Ministries and equivalent agencies are responsible for coordinating with the Ministry of Science and Technology to integrate the building and development of industry brand with the establishment and development of registered trademarks, collective trademarks, and geographical indications in regions and localities.

Section 4

MARKET DEVELOPMENT PROGRAM, BUILDING AND PROMOTING

BRANDS OF PRODUCTS IMPLEMENTED BY LOCAL AUTHORITIES

Article 20. Principles and General Provisions

1. The market development program, building, and promoting brands of products implemented by local authorities includes trade promotion activities aimed at developing markets, establishing, and promoting product brands, goods, and supporting products with strengths of the locality to serve the socio-economic development objectives of the locality.

2. Ministries, equivalent agencies, and related agencies cooperate with local authorities to build the market development program, building, and promoting product brands implemented by local authorities.

Article 21. Content and Implementation Budget

1. Local authorities specify the specific content of market development programs, building, and promoting product brands in their locality and provide appropriate financial support based on the actual situation of the locality.

2. Sources of funds for market development activities, building, and promoting product brands implemented by local authorities come from the following sources:

a) Local budget;

b) Contributions from organizations and enterprises participating in the Program;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other lawful sources of funding as prescribed by law.

3. Local authorities shall be responsible for publicly announcing information about market development programs, product brand building and promotion at the local level.

Chapter III

ACTIVITIES OF TRADE PROMOTION ORGANIZATIONS

ABROAD

Article 22. Operating Principles

1. Vietnamese trade promotion organizations established and operating abroad must comply with Vietnamese laws and the laws of the host country.

2. Vietnamese trade promotion organizations established and operating abroad that do not belong to ministries or equivalent agencies shall not use the name of the Vietnamese State during the establishment and operation process.

Article 23. Contents of Vietnam's trade promotion activities abroad to develop foreign trade

1. Trade promotion organizations under ministries and ministerial-level agencies

a) Take the lead and coordinate with commercial representatives and relevant departments of the Vietnamese State Agency abroad to implement trade promotion activities;

b) Promote the image of the country and the brand of Vietnamese enterprises' products and services abroad;

c) Provide information, advice, and support for foreign enterprises to develop trade relations with Vietnam;

d) Collect and provide regular and on-demand information for Vietnamese enterprises about market conditions, demands, and preferences for domestic enterprises' strong products;

e) Assist Vietnamese enterprises in finding partners, providing partner information, developing business, and selling exported products abroad (including supporting domestic enterprises to fulfill their legal obligations in the host country); assist enterprises in resolving issues in foreign markets;

f) Provide information and coordinate with the Ministry of Industry and Trade regarding trade promotion activities abroad;

g) Other trade promotion activities to develop foreign trade as prescribed by law.

2. Other trade promotion organizations have the right to carry out trade promotion activities according to the laws of the host country and Vietnamese law.

Chapter IV

ACTIVITIES OF TRADE PROMOTION ORGANIZATIONS

FOREIGN ENTITIES IN VIETNAM

Section 1

PRINCIPLES OF TRADE PROMOTION ORGANIZATION ACTIVITIES

FOREIGN ENTITIES IN VIETNAM

Article 24. Principles of operation

1. Foreign trade promotion organizations, including government or non-governmental organizations, associations (or other equivalent forms) established under the law of the country where the organization is headquartered, when carrying out activities related to trade promotion in Vietnam, must establish a Representative Office in Vietnam.

2. The trade promotion organizations referred to in Clause 1 of this Article do not include foreign traders, non-governmental organizations from foreign countries, cooperation, research, cultural education institutions, and other foreign organizations specified in other regulatory legal documents.

3. A foreign trade promotion organization may not establish more than one Representative Office of its own in one provincial or centrally-administered city area.

4. Foreign trade promotion organizations must have a charter for the Representative Office in Vietnam that complies with Vietnamese law. The Representative Office shall not engage in direct profit-making activities in Vietnam.

5. The Representative Office is a subordinate unit of the foreign trade promotion organization and shall not establish a sub-Representative Office.

6. The head and staff of the Representative Office in Vietnam shall be determined by the foreign trade promotion organization and must be registered with the licensing authority.

7. Recruitment and appointment of foreigners to work at the Representative Office in Vietnam must comply with Vietnamese law and Vietnam's commitments under international treaties to which Vietnam is a party.

8. Foreign trade promotion organizations shall be responsible under Vietnamese law for all activities of their Representative Office in Vietnam.

Article 25. Contents of the Activities of the Representative Office of Foreign Trade Promotion Organizations in Vietnam

1. The Representative Office of foreign trade promotion organizations in Vietnam shall only carry out activities related to trade promotion in Vietnam including:

a) Performing liaison office functions;

b) Carrying out activities aimed at promoting and supporting foreign enterprises to access and operate in the Vietnamese market; researching and providing economic, trade, and market information for foreign organizations and enterprises; promoting foreign trade activities with Vietnam; activities aimed at connecting trading between foreign enterprises and organizations and enterprises in Vietnam;

c) Other trade promotion activities as prescribed by law.

2. The representative office and its head shall perform rights and obligations as follows:

a) Operating according to the contents specified in the Representative Office Establishment Permit;

b) Being able to lease premises and hire staff for the Representative Office in accordance with current Vietnamese law;

c) Registering and using the seal of the Representative Office in accordance with current Vietnamese law;

d) The Representative Office shall not perform the function of representing other trade promotion organizations, nor shall it sublet the premises of the Representative Office;

đ) The head of the Representative Office shall not concurrently hold the position of head of the Representative Office of another foreign trader or organization in Vietnam;

e) Foreign individuals working at the Representative Office must have a Work Permit in accordance with Vietnamese law.

Section 2

ISSUANCE, AMENDMENT, RENEWAL, EXTENSION OF THE REPRESENTATIVE OFFICE ESTABLISHMENT PERMIT; ANNOUNCEMENT OF ACTIVITIES, OPENING OF ACCOUNTS, REPORTING, TERMINATION OF THE REPRESENTATIVE OFFICE OF FOREIGN TRADE PROMOTION ORGANIZATIONS

REPRESENTATIVE; ANNOUNCEMENT OF ACTIVITY, OPENING OF ACCOUNT, REPORT, TERMINATION OF THE ACTIVITY OF THE FOREIGN TRADE PROMOTION ORGANIZATION'S REPRESENTATIVE OFFICE

OFFICE

ABROAD

Article 26. Issuance of the Representative Office Establishment Permit in Vietnam

2. The application package for the Representative Office Establishment Permit includes:

a) An application for issuance of the Representative Office Establishment Permit in the format XTTMNN-1 issued together with this Decree, signed by an authorized representative of the foreign trade promotion organization;

b) A document from the competent authority of the foreign country allowing the trade promotion organization to establish a Representative Office in Vietnam or a document, evidence proving the right to establish a Representative Office abroad of the organization;

c) A copy of the establishment permit or equivalent document;

d) A copy of the charter or operational regulations of the foreign trade promotion organization;

đ) The proposed charter or operational regulations of the Representative Office in Vietnam;

e) A report on the operation status of the foreign trade promotion organization in the most recent year;

g) Appointment letters and resumes of the head and personnel of the Representative Office in Vietnam;

i) Documents mentioned in points b, c, d, đ, e, g of this clause must be translated into Vietnamese; documents mentioned in points b, c, d, g must be legalized according to Vietnamese law.

3. A foreign trade promotion organization may choose one of the following methods to submit the application package:

5. The Representative Office Establishment Permit has a validity period of five years but shall not exceed the remaining validity period of the establishment permit or equivalent document of the foreign trade promotion organization if the law of the country where the organization was established specifies a term for the establishment permit.

6. Cases where the Representative Office Establishment Permit is not issued:

a) The foreign trade promotion organization does not meet the contents prescribed in Articles 24 and 25 of this Decree;

b) The foreign trade promotion organization requests issuance of the Representative Office Establishment Permit within two years from the date the Representative Office Establishment Permit in Vietnam was revoked according to Clause 2, Article 33 of this Decree;

d) The application package for the Representative Office Establishment Permit is incomplete as prescribed in Clause 2 of this Article;

đ) Foreign organizations and individuals listed under measures of sanctions according to United Nations Security Council Resolutions.

Article 27. Amending the License for Establishing a Representative Office

1. The license for establishing a representative office of a foreign trade promotion organization shall be amended in the following cases:

c) Changing the name or activities of the representative office that have been licensed;

d) Changing the location of the headquarters of the foreign trade promotion organization;

đ) Changing the name or changing the place of registration of establishment of the foreign trade promotion organization from one country to another;

e) Changing the activities of the foreign trade promotion organization.

3. The application file to amend the license for establishing a representative office includes:

a) A request document to amend the license for establishing a representative office according to Model XTTMNN-3 issued together with this Decree, signed by an authorized representative of the foreign trade promotion organization;

b) The original license for establishing a representative office of the foreign trade promotion organization in Vietnam;

c) Documents appointing the new head of the representative office of the foreign trade promotion organization, translated into Vietnamese and legalized according to Vietnamese law (applicable in the case of amendment as provided for in Point a, Clause 1 of this Article);

đ) A copy of the license for establishment or equivalent documents of the foreign trade promotion organization. These documents must be translated into Vietnamese and legalized according to Vietnamese law (applicable in the case of amendment as provided for in Points d, đ, and e, Clause 1 of this Article).

4. The foreign trade promotion organization may choose one of the following methods to submit the application file:

Article 28. Reissuing the License for Establishing a Representative Office

a) There is a need to continue operating in Vietnam under the form of a representative office;

b) The foreign trade promotion organization is still operating according to the laws of the country where it was established;

c) There is no violation of the provisions set out in Point c, Clause 6, Article 26 of this Decree.

3. The foreign trade promotion organization may choose one of the following methods to submit the request document:

Article 29. Extension of Representative Office Establishment Permit

1. Foreign trade promotion organizations may extend the Representative Office Establishment Permit when

a) There is a need to continue operating in Vietnam under the form of a representative office;

b) The foreign trade promotion organization is still operating according to the laws of the country where it was established;

c) There is no violation of the provisions set out in Point c, Clause 6, Article 26 of this Decree.

2. At least 60 days before the Representative Office Establishment Permit expires, foreign trade promotion organizations must submit one application for extension of the Representative Office Establishment Permit to the issuing authority including

a) A request for extension of the Representative Office Establishment Permit according to model XTTMNN-5 issued together with this Decree, signed by the authorized representative of the foreign trade promotion organization;

b) Financial statements audited or other equivalent documents proving the existence and actual operation of the foreign trade promotion organization in the most recent fiscal year. The documents specified in this point must be translated into Vietnamese and legalized according to Vietnamese law;

c) Report on the activities of the Representative Office up to the date of requesting the extension of the Representative Office Establishment Permit;

d) Original of the Representative Office Establishment Permit that has been issued.

3. Foreign trade promotion organizations may choose one of the following methods to submit the application for extension

5. The duration of the extension shall be the same as the term of the Representative Office Establishment Permit as stipulated in Clause 5, Article 26 of this Decree.

Article 30. Notification of Activities of the Representative Office

1. Within 45 days from the date of issuance, reissuance, amendment, or extension of the Representative Office Establishment Permit, the Representative Office must notify its activities through publishing in three consecutive issues of a permitted print or online newspaper in Vietnam.

2. The notification content includes

a) Name and address of the Representative Office's headquarters;

b) Name and address of the headquarters of the foreign trade promotion organization;

c) Head of the Representative Office;

d) Number, date of issuance, and validity period of the Representative Office Establishment Permit, issuing authority;

đ) Content of the Representative Office's activities.

Article 31. Opening Accounts

1. The Representative Office may open foreign currency accounts and Vietnamese dong accounts at banks permitted to operate in Vietnam and may only use these accounts for the Representative Office's activities.

2. The opening, use, and closure of the Representative Office's accounts shall be carried out in accordance with Vietnamese laws on banking and foreign exchange management.

Article 32. Reporting Activities

1. Annually, before the last working day of January of the following year, the Representative Office must submit a written report according to model XTTMNN-6 issued together with this Decree about its activities in the previous year to the issuing authority.

2. The Representative Office must comply with financial reporting systems and statistical reporting systems as prescribed by Vietnamese law.

3. The Representative Office has the obligation to report, provide documents, or explain matters related to its activities upon request of the issuing authority and the authorities specified in Clause 7, Article 26 of this Decree.

Article 33. Termination of Operations and Revocation of Establishment License for Representative Office

1. The Representative Office shall terminate its operations in the following cases:

a) Upon the request of the foreign trade promotion organization and approval by the licensing authority;

b) When the foreign trade promotion organization terminates its operations according to the laws of the country where it was established;

c) At the end of the term specified in the establishment license for the Representative Office without the foreign trade promotion organization requesting an extension;

d) At the end of the period specified in the establishment license for the Representative Office without the licensing authority approving an extension;

đ) Being revoked of the establishment license for the Representative Office pursuant to Clause 2 of this Article.

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

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 law and relevant international conventions to which Vietnam is a member;

d) Violating Vietnamese labor laws to the extent that criminal liability must be pursued;

đ) Foreign organizations and individuals listed under measures of sanctions according to United Nations Security Council Resolutions.

3. At least ninety days before the anticipated termination date of the Representative Office as stipulated in points a, b, and c of Clause 1 of this Article, the foreign trade promotion organization must notify creditors, employees of the Representative Office, and other interested parties about the cessation of operations. This notification must clearly state the anticipated termination date of the Representative Office, and must be publicly posted at the office premises of the Representative Office and published in three consecutive issues of a permitted print or online newspaper in Vietnam.

4. In the case of termination of the Representative Office as stipulated in point a of Clause 1 of this Article, at least ninety days before the anticipated termination date of the Representative Office, the foreign trade promotion organization must submit one application for termination of the Representative Office to the licensing authority including:

a) A written request for termination of the Representative Office according to form XTTMNN-7 issued together with this Decree;

b) Documentation proving public posting at the office premises of the Representative Office and publication in three consecutive issues of a permitted print or online newspaper in Vietnam regarding the cessation of operations of the Representative Office.

5. The foreign trade promotion organization may choose one of the following methods to submit the application:

6. In the case of termination of the Representative Office as stipulated in point a of Clause 1 of this Article, thirty days after receiving the application for termination of the Representative Office, if no notifications, complaints, or lawsuits from related agencies, organizations, or individuals are received, the licensing authority shall consider and approve the termination of the Representative Office and revoke the license within seven working days.

9. At least fifteen days before the termination of the Representative Office as stipulated in points a, b, and c of Clause 1 of this Article, the foreign trade promotion organization and the Representative Office have the obligation to settle all debts and other obligations with the State, organizations, and individuals concerned in accordance with the law.

10. Within sixty days from the termination of the Representative Office as stipulated in points d and đ of Clause 1 of this Article, the foreign trade promotion organization has the obligation to settle all debts and other obligations with the State, organizations, and individuals concerned in accordance with the law.

Chapter VI

IMPLEMENTATION

Article 34. Responsibility for Implementation by Relevant Organizations

1. The Ministry of Industry and Trade shall be responsible before the Government for performing the following tasks:

a) Coordinating activities to promote trade and develop foreign trade in Vietnam and abroad;

c) Drafting plans and budgets for the national program on trade promotion, the National Brand Program of Vietnam, and incorporating them into the annual budget estimates of the Ministry of Industry and Trade, and submitting them to competent state agencies for approval in accordance with the provisions of the law;

d) Approving projects within the framework of the national program on trade promotion, the National Brand Program of Vietnam, and the supported funds;

đ) Serving as the focal point for coordinating national programs on building and developing brands as provided for in Section 1 Chapter II of this Decree;

2. The Ministry of Finance shall lead and coordinate with ministries, ministerial-level agencies to guide the preparation, allocation, use, and settlement of accounts for funds supporting the national program on trade promotion and the national program on building and developing brands in accordance with the provisions of the law.

3. The Ministry of National Defense and the Ministry of Public Security shall submit to the Government regulations and policies with special mechanisms regarding trade promotion activities to develop foreign trade as stipulated in Section 1 Chapter II of this Decree for goods and services specifically used for security and defense purposes.

Article 35. Effective Date

1. This Decree takes effect from the date of issuance.

2. Decree No. 100/2011/NĐ-CP dated October 28, 2011 of the Government on the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam shall cease to be effective from the date this Decree takes effect. Foreign trade promotion organizations that have established representative offices operating in Vietnam under Decree No. 100/2011/NĐ-CP shall continue to operate according to the contents and duration specified in their permits.

3. Administrative procedures' files submitted before the date this Decree takes effect shall continue to be processed in accordance with the provisions of existing laws at the time of submission of the files./.