Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Trade Law on representative offices, branches of foreign businesses in Vietnam

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ATTRIBUTE

Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Trade Law on representative offices, branches of foreign businesses in Vietnam
Issuing body: GovernmentEffective date:
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Official number:07/2016/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:25/01/2016Effect status:
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Fields:Commerce - Advertising

SUMMARY

Conditions on issuance of License for establishment of representative offices in Vietnam

 

The Decree No. 07/2016/ND-CP detailing the Trade Law on representative offices, branches of foreign businesses in Vietnam issued by the Government on January 25, 2016; within that, the most important content is that a foreign business can not establish more than one representative office or branch that has the same name in a province, city under the central management.

To issue the License for establishment of representative offices, foreign businesses must meet the conditions such as having business registered according to the law and commitments in international agreements that the country in a member or being recognized by the law of these countries or territories; having operated for no less than 01 year since legal establishment or valid business registration; If business registration certificate or equal documents of foreign businesses states the expiration date, the valid time should remain at least one year since the submission of the dossier;  the operation content of representative offices must be in accordance with commitments of Vietnam in international agreements that the country in a member…

Especially,  having operated for no less than 01 year since legal establishment or valid business registration, or having operated for no less than 05 year since legal establishment or valid business registration on issuance of License for establishment of branches.

Also in accordance with this Decree, license for establishment of representative offices, branches shall be valid in 5 years but it should not be exceed the remaining time of business registration certificate or equal documents of foreign businesses if there are regulations on the expiration date.

This Decree takes effect on March 10, 2016.
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Effect status: Known

THE GOVERNMENT

Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Trade Law on representative offices, branches of foreign businesses in Vietnam
Pursuant to the Government Organization Law dated June 19, 2015;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Resolution No. 71/2006/QH11 dated November 29, 2006 of the National Assembly ratifying the Protocol of accession of the Socialist Republic of Vietnam to the Agreement establishing the world trade Organization;
At the proposal of the Minister of Industry and Trade,
The Government promulgates the Decree detailing the Trade Law on representative offices, branches of foreign businesses in Vietnam.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
1. This Decree details the implementation of the Trade Law on establishment, operation, rights and obligations of representative offices, branches of foreign businesses in Vietnam.
2. If representative offices, branches of foreign businesses operate in sectors as stipulated under legal documents, it shall be implemented according to those legal documents.
Article 2. Subject of application
1. This Decree applies to foreign businesses, representative offices and branches of foreign businesses in Vietnam.
2. Representative offices and branches of foreign-invested businesses established in Vietnam are not under scope of effect of the Decree.
Article 3. Rights for establishment of representative offices, branches of foreign businesses in Vietnam
1.  Foreign businesses can establish their representative offices, branches in Vietnam in accordance with Vietnam’s commitments in international agreements that the country in a member.
2. A foreign business can not establish more than one representative office or branch that has the same name in a province, city under the central management.
Article 4. Obligations of foreign businesses for operation of representative offices, branches
Foreign business is liable to the law of Vietnam for operation of its representative offices, branches in Vietnam.
Article 5. Competence to issue the license for establishment of representative offices
1. Department of Industry and Trade in provinces and cities under the central management where the head office is located in industrial zones, processing zones, economic zones, high-industrial zones shall issue, re-issue, modify, supplement, renew and revoke the License for establishment of representative offices and terminate operation of representative offices in the case of the establishment of representative offices that is not stipulated under specialized legal documents.
2. The Management Board in industrial zones, processing zones, economic zones, high-industrial zones (hereinafter referred to as the Management Board) shall issue, re-issue, modify, supplement, renew and revoke the License for establishment of representative offices and terminate the operation of representative offices that are located in industrial zones, processing zones, economic zones, high-industrial zones if the establishment of representative offices is not stipulated under specialized legal documents.
Article 6. Competence to issue the license for establishment of branches
The Ministry of Industry and Trade shall issue, re-issue, modify, renew and revoke the license for establishment of branches if the establishment of branches is not stipulated under specialized legal documents.
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ENGLISH DOCUMENTS

Official Gazette
Decree 07/2016/NĐ-CP PDF

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