Circular 03/2024/TT-BCT amend Circulars concerning to franchise, trading of goods by foreign service providers

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circulars in the fields of franchise, representative offices and branches of foreign traders, goods trading and goods trading-related activities of foreign service providers^[1]

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the Government’s Decree No. 31/2021/ND-CP of March 26, 2021, detailing the implementation of a number of articles of the Law on Investment;

Pursuant to the Government’s Decree No. 120/2011/ND-CP of December 16, 2011, amending and supplementing administrative procedures in a number of the Government’s Decrees detailing the Commercial Law;

Pursuant to the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents;

Pursuant to the Government’s Decree No. 154/2020/ND-CP of December 31, 2020, amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents;

Pursuant to the Government’s Decree No. 96/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Planning and Finance Department;

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circulars in the fields of franchise, representative offices and branches of foreign traders, goods trading and goods trading-related activities of foreign service providers.

Article 1. To amend and supplement a number of articles of Circular No. 09/2006/TT-BTM of May 25, 2006, Circular No. 34/2013/TT-BCT of December 24, 2013, and Circular No. 11/2016/TT-BCT of July 5, 2016

1. To amend and supplement a number of articles of Circular No. 09/2006/TT-BTM of May 25, 2006, guiding franchise registration

a/ To amend and supplement Part IV as follows:

“IV. FRANCHISE DEREGISTRATION

A trader shall have its/his/her franchise be deregistered in the cases specified in Article 22 of Decree No. 35/2006/ND-CP. Within 5 working days after the deregistration of a trader’s franchise, the Ministry of Industry and Trade shall announce on its website the deregistration, made according to Form TB-6A provided in Appendix II to this Circular”.

b/ To amend and supplement Section 2, Part V as follows:

“Provincial-level Departments of Industry and Trade shall, based on legal provisions, organize the receipt of reports and management of traders’ franchise in their localities according to their competence”.

2. To amend and supplement Clause 1, Article 3 of Circular No. 34/2013/TT-BCT of December 24, 2013, publicizing the roadmap for goods trading and good trading-related activities of foreign-invested enterprises in Vietnam, as follows:

“1. The classification of goods in the appendices to this Circular according to HS codes and goods description must comply with the Minister of Finance’s Circular promulgating Vietnam’s Nomenclature of Imports and Exports in each period”.

3. To amend and supplement a number of articles of Circular No. 11/2016/TT-BCT of July 5, 2016, providing forms to implement the Government’s Decree No. 07/2016/ND-CP of January 25, 2016, detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders

a/ To amend and supplement Article 2 as follows:

“1. Codes of provinces and centrally run cities must comply with the List of codes of provinces and centrally run cities where citizens register their birth according to the Minister of Public Security’s regulations in each period.”

b/ To amend and supplement Clause 2, Article 4 as follows:

“The Vietnam E-commerce and Digital Economy Agency of the Ministry of Industry and Trade shall establish, manage, operate, maintain the operation of, provide training and guidance on the use of the database on Vietnam-based representative offices and branches of foreign traders at http://vpdd.dvctt.gov.vn”.

Article 2. To replace or annul a number of articles of Circular No. 09/2006/TT-BTM of May 25, 2006, Circular No. 34/2013/TT-BCT of December 24, 2013, and Circular No. 11/2016/TT-BCT of July 5, 2016

1. To replace or annul a number of articles of Circular No. 09/2006/TT-BTM of May 25, 2006

a/ To replace a number of phrases on agencies’ and units’ names specified in Circular No. 09/2006/TT-BTM of May 25, 2006, as follows:

a1/ To replace the phrase “the Ministry of Trade” specified in the Circular with the phrase “the Ministry of Industry and Trade”.

a2/ To replace the phrase “the Planning and Investment Department” specified in Section 1, Part V, Form S1, Form TB-2A, Form TB-3A, Form TB-4A and Form TB-6A with the phrase “the Planning and Finance Department”.

a3/ To replace the phrase “the E-Commerce Department” specified in Section 3, Part V with the phrase “the Vietnam E-commerce and Digital Economy Agency”.

b/ To annul the following provisions of Circular No. 09/2006/TT-BTM of May 25, 2006: Section 2, Part I; Clause d, Section 3, Part I; Sections 3, 7 and 8, Part II; provincial codes specified at Clause c, Section 6, Part II; Appendix I; Forms MD-2, S2, TB-1B, TB-2B, TB-3B, TB-4B, TB-6B and TB-6C provided in Appendix II.

2. To replace or annul a number of articles of Circular No. 34/2013/TT-BCT of December 24, 2013

a/ To replace the phrase “foreign-invested enterprises” specified in the Circular with the phrase “foreign service providers”.

b/ To annul Clause 2, Article 3.

3. To replace or annul a number of articles of Circular No. 11/2016/TT-BCT of July 5, 2016

a/ To replace the phrase “the Planning Department” specified in Clauses 1, 3 and 5, Article 4 and Clause 3, Article 5 with the phrase “the Planning and Finance Department”.

b/ To annul Table 1 on codes of provinces and centrally run cities provided in the Appendix to the Circular.

Article 3. Implementation provisions

1. This Circular takes effect on March 18, 2024.

2. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

3. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade (via the Planning and Finance Department) for prompt consideration and settlement.

4. The Planning and Finance Department, the Office, the Vietnam E-commerce and Digital Economy Agency and related agencies, organizations and individuals shall implement this Circular.-

For the Minister of Industry and Trade
Deputy Minister
PHAN THI THANG