Decision No. 38/2006/QD-BTM Regarding the delegation to the Management Board of Chân Mây - Lăng Cô Economic Zone to issue, reissue, amend, supplement, extend, and revoke the License for Establishing Representative Offices of Foreign Businesses within the Chân Mây - Lăng Cô Economic Zone pursuant to the Trade Law.

Pursuant to …;

Regarding the delegation to the Management Board of Chân Mây - Lăng Cô Economic Zone to issue, reissue, amend, supplement, extend, and revoke the Business Registration Certificate for establishing foreign commercial representative offices within the Chân Mây - Lăng Cô Economic Zone pursuant to the Commercial Law.

 Issue, reissue, amend, supplement, extend, and revoke the Business Registration Certificate for establishing foreign commercial representative offices within the Chân Mây - Lăng Cô Economic Zone.

MINISTER OF TRADE

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

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Pursuant to Decision No. 04/2006/QĐ-TTg dated January 5, 2006 of the Prime Minister on the establishment and issuance of the operational regulations of the Chân Mây - Lăng Cô Economic Zone, Thua Thien Hue Province;

Pursuant to Decision No. 385/QĐ-TTg dated March 9, 2006 of the Prime Minister on the establishment of the Management Board of the Chân Mây - Lăng Cô Economic Zone, Thua Thien Hue Province; Based on the proposal of the Management Board of the Chân Mây - Lăng Cô Economic Zone at Circular No. 222/TTr-KKT dated November 9, 2006;

Delegates to the Management Board of the Chân Mây - Lăng Cô Economic Zone, Thua Thien Hue Province (hereinafter referred to as the Management Board), the authority to issue, reissue, amend, supplement, extend, and revoke the Business Registration Certificate for establishing foreign commercial representative offices within the Chân Mây - Lăng Cô Economic Zone pursuant to the Commercial Law.

The Management Board shall implement the contents specified in Article 1 in accordance with the current Vietnamese laws as stipulated in the following legal documents:

- Law on Commerce No. 36/2005/QH11 dated June 14, 2005;

DECISION:

Article 1. - Decree No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the Law on Commerce regarding Representative Offices and Branches of Foreign Businesses in Vietnam;

Article 2.  Circular No. 11/2006/TT-BTM dated September 28, 2006 of the Ministry of Trade guiding the implementation of Decree No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the Law on Commerce regarding Representative Offices and Branches of Foreign Businesses in Vietnam;

 In cases where the location of the headquarters of a foreign business's Representative Office changes from one province or centrally administered city to the area within the Chân Mây - Lăng Cô Economic Zone and vice versa, the foreign business must follow the procedures for issuing a new Business Registration Certificate for establishing a Representative Office as stipulated in Clause 1, Article 13 of Decree No. 72/2006/NĐ-CP and guided in Clause 3, Section II of Circular No. 11/2006/TT-BTM, and follow the procedures for reporting activities as stipulated in Article 8 of Decree No. 72/2006/NĐ-CP and guided in Point d, Clause 1, Section IV of Circular No. 11/2006/TT-BTM, similar to the procedures for reissuing as stipulated in Point a, Clause 1, Article 11 of Decree No. 72/2006/NĐ-CP.

The Management Board is responsible for updating information on the issuance, reissuance, amendment, supplementation, extension, and revocation of the Business Registration Certificate for establishing foreign commercial representative offices within its management scope according to the guidance in Point g, Clause 1 of Circular No. 11/2006/TT-BTM and compiling periodic reports to the Ministry of Trade as stipulated in Clause 3, Article 26 of Decree No. 72/2006/NĐ-CP.

The Ministry of Trade will periodically organize inspections of the implementation of the provisions in this delegation decision in accordance with the law.

This Decision takes effect 15 days after its publication in the Official Gazette./.

Article 3. Le Danh Vinh

Article 4. The Ministry of Commerce periodically organizes inspections of the implementation of the provisions in this delegation decision in accordance with the law.

Article 5. This Decision takes effect fifteen days after its publication in the Official Gazette./.