Circular No. 06/2012/TT-BCT dated March 27, 2012 of the Ministry of Industry and Trade detailing the order and procedures for granting establishment and operation licenses for representative offices of foreign trade promotion organizations in Vietnam

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 06/2012/TT-BCT of March 27, 2012, detailing the order and procedures for granting establishment and operation licenses for representative offices of foreign trade promotion organizations in Vietnam

Pursuant to the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, which was amended and supplemented under the Government’s Decree No. 44/2011/ND-CP of June 14, 2011;

Pursuant to the Government’s Decree No. 100/2011/ND-CP of October 28, 2011, providing the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam;

The Minister of Industry and Trade details the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular details the grant, re-grant, modification, supplementation, extension and revocation of establishment licenses of Vietnam-based representative offices of foreign trade promotion organizations (below referred collectively to as representative offices).

2. Foreign trade promotion organizations and other foreign organizations are subjects specified in Article 2 of Decree No. 100/2011/ND-CP (below referred collectively to as foreign trade promotion organizations).

Article 2. Organization of representative offices

A foreign trade promotion organization may decide on the organizational structure and head of its Vietnam-based representative office, and, shall clearly present these contents in the charter or operational regulation of the Vietnam-based representative office included in the dossier of application for a representative office establishment license.

Article 3. Notification of operation of representative offices

1. A representative office shall notify its operation according to Article 8 of Decree No. 100/2011/ND-CP.

2. A written notification is made according to Form XTTMNN-1 in the Appendix to this Circular (not printed herein).

Article 4. Operation reports

1. In case of reporting under Clause 1, Article 10 of Decree No. 100/2011/ND-CP, a representative office shall send a written report on its operations in the preceding year made according to Form XTTMNN-2 in the Appendix to this Circular (not printed here in) to the Ministry of Industry and Trade.

2. In case of reporting under Clause 3, Article 10 of Decree No. 100/2011/ND-CP, within 10 working days from the date of being requested, a representative office shall report and provide documents or make explanations at the request of competent agencies.

Chapter II

ORDER AND PROCEDURES FOR GRANT, RE-GRANT, MODIFICATION, SUPPLEMENTATION, EXTENSION, TERMINATION AND REVOCATION OF REPRESENTATIVE OFFICE ESTABLISHMENT LICENSES

Article 5. Grant of representative office establishment licenses

1. A foreign trade promotion organization shall send one set of dossier of application for a representative office establishment license to the licensing agency defined in Decree No. 100/2011/ND-CP (directly at the Vietnam Trade Promotion Agency or by post). A dossier of application for a representative office establishment license is specified in Article 15 of Decree No. 100/2011/ND-CP. The application is made according to Form XTTMNN-4 in the Appendix to this Circular (not printed herein).

2. Receipt of dossiers is carried out as follows:

a/ In case of direct submission, the applicant shall produce a letter of authorization of the foreign trade promotion organization.

When receiving the dossier, the licensing agency shall issue a receipt. A receipt is made in 2 originals according to Form XTTMNN-5 in the Appendix to this Circular (not printed herein); 1 to be sent to the foreign trade promotion organization and another kept at the licensing agency;

b/ In case the dossier is sent by post, the licensing agency shall receive the dossier but issue no receipt;

c/ The date of receipt of the dossier is the date shown on the incoming-mail stamp in case it is sent by post, or the date of receipt indicated in the receipt in case it is submitted directly.

3. Within 20 working days after receiving a complete and valid dossier, the licensing agency shall consider, grant or refuse to grant to the foreign trade promotion organization a representative office establishment license. If refusing to grant a license, the licensing agency shall reply in writing, clearly stating the reason for refusal. A license is made according to Form XTTMNN-6 in the Appendix to this Circular (not printed herein).

4. Within 3 working days after receiving a dossier of application for a representative office establishment license (for both dossiers submitted for the first time and those re-submitted after supplementation and completion), if the licensing agency has no opinions (in writing) on the dossier, the dossier is considered complete and valid.

In case its dossier is incomplete or invalid, the foreign trade promotion organization shall supplement, complete and re-submit the dossier.

Article 6. Modification and supplementation of representative office establishment licenses

1. Within 10 working days after any change specified in Clause 1, Article 17 of Decree No. 100/2011/ND-CP occurs, a foreign trade promotion organization shall send (directly or by post) one set of dossier of request for modification or supplementation of the representative office establishment license to a competent licensing agency.

2. A dossier of request for modification or supplementation of a representative office establishment license is specified in Clause 2, Article 17 of Decree No. 100/2011/ND-CP. The application is made according to Form XTTMNN-7 in the Appendix to this Circular (not printed herein).

3. The order and procedures for modification and supplementation of a representative office establishment license are specified in Clauses 2, 3 and 4, Article 5 of this Circular. The time limit for modification and supplementation is specified in Clause 3, Article 17 of Decree No. 100/2011/ND-CP.

Article 7. Re-grant of representative office establishment licenses

1. Within 15 working days after any change specified in Article 18 of Decree No. 100/2011/ND-CP occurs, a foreign trade promotion organization shall send (directly or by post) one set of dossier of request for re-grant of a representative office establishment license to the licensing agency.

2. A dossier of request for re-grant of a representative office establishment license is specified in Article 19 of Decree No. 100/2011/ND-CP. The application is made according to Form XTTMNN-8 in the Appendix to this Circular (not printed herein).

3. In case of re-grant of a representative office establishment license specified in Clause 2, Article 25 of Decree No. 100/2011/ND-CP, a foreign trade promotion organization shall send a written request, made according to Form XTTMNN-8 in the Appendix to this Circular (not printed herein), enclosed with the following documents:

a/ The granted original representative office establishment license;

b/ A copy of the establishment registration or a paper of equivalent validity of the foreign trade promotion organization;

c/ A copy of the charter or operation regulation of the foreign trade promotion organization;

d/ A copy of the charter or operation regulation of the Vietnam-based representative office;

e/ The resume of the head of the Vietnam-based representative office;

f/ The documents specified at Points a, b, c, d and e, which must have Vietnamese translations consularly legalized under law.

4. The order and procedures for re-grant of licenses are specified in Clauses 2, 3 and 4, Article 5 of this Circular. The time limit for settlement is 10 working days after the receipt of a complete and valid dossier.

Article 8. Extension of representative office establishment licenses

1. In case of extension of a representative office establishment license under Article 20 of Decree No. 100/2011/ND-CP, the foreign trade promotion organization shall send (directly or by post) one set of dossier of application for extension to the licensing agency.

2. A dossier of application for extension of a representative office establishment license is specified in Clause 2, Article 20 of Decree No. 100/2011/ND-CP. The application is made according to Form XTTMNN-9 in the Appendix to this Circular (not printed herein).

3. The order and procedures for receipt and processing of a dossier of application for extension of a representative office establishment license of a foreign trade promotion organization are guided in Clauses 2, 3 and 4, Article 5 of this Circular.

Article 9. Termination of operation of representative offices

1. In case of termination of operation of a representative office under Point a, Clause 1, Article 12 of Decree No. 100/2011/ND-CP, the foreign trade promotion organization shall send (directly or by post) one set of dossier of request for termination of operation to the licensing agency.

2. A dossier of request for termination of operation comprises:

a/ A written request for termination of operation of the representative office, made according to Form XTTMNN-3 in the Appendix to this Circular (not printed herein);

b/ Papers and documents evidencing the fulfillment of obligations as specified in Clause 2, Article 12 of Decree No. 100/2011/ND-CP.

3. Within 30 days after receiving a complete and valid dossier, the licensing agency shall consider and permit the termination of operation of the representative office if receiving no notice, complaint or lawsuit filed by related agencies, organizations and individuals.

4. For other cases of termination of operation of a representative office, the foreign trade promotion organization and its representative office shall strictly comply with provisions of Decree No. 100/2011/ND-CP and Vietnamese relevant laws.

Article 10. Revocation of representative office establishment licenses

1. In case of revocation of a license under Clause 2, Article 23 of Decree No. 100/2011/ND-CP, the licensing agency shall issue a decision to revoke the representative office establishment license.

2. A decision to revoke a representative office establishment license is made according to Form XTTMNN-10 in the Appendix to this Circular (not printed herein).

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Implementation responsibility

1. Vietnam Trade Promotion Agency shall:

a/ Assume the prime responsibility for, and coordinate with related agencies in, drafting and submitting to competent agencies for promulgation legal documents on Vietnam-based representative offices of foreign trade promotion organizations;

b/ Organize the grant, re-grant, modification, supplementation, extension, termination and revocation of operation licenses of Vietnam-based representative offices of foreign trade promotion organizations;

c/ Assume the prime responsibility for, and coordinate with related agencies in, performing the state management of operation of representative offices of foreign trade promotion organizations nationwide, and handling violations of Vietnam-based representative offices of foreign trade promotion organizations according to its competence;

d/ Assume the prime responsibility for, and coordinate with related agencies in, building a database on Vietnam-based representative offices of foreign trade promotion organizations nationwide.

2. Related agencies and units of the Ministry of Industry and Trade shall coordinate with one another in performing the state management of operation of representative offices according to their competence.

3. Provincial-level Industry and Trade Departments shall perform the state management of operation of representative offices of foreign trade promotion organizations in their localities in accordance with law; and report to the Ministry of Industry and Trade (Vietnam Trade Promotion Agency) on the management, oversight, supervision, inspection, examination and handling of violations in activities of representative offices of foreign trade promotion organizations in their localities.

Article 12. Effect

1. This Circular takes effect on May 10, 2012.

2. Any problems arising in the course of implementation should be reported to the Ministry of Industry and Trade for revision as appropriate.-

For the Minister of Industry and Trade
Deputy Minister
NGUYEN THANH BIEN