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 concerning to franchise, representative offices and branches of foreign traders, the trading of goods and activities directly related to the trading of goods by foreign service providers

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

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

Pursuant to the Law on Investment dated June 17, 2020;

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

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

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

Pursuant to the Government’s Decree No. 154/2020/ND-CP dated 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 for implementing, the Law on Promulgation of Legal Documents;

Pursuant to the Government's Decree No. 96/2022/ND-CP dated 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 hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circulars concerning to franchise, representative offices and branches of foreign traders, the trading of goods and activities directly related to the trading of goods by foreign service providers.

Article 1. Amending and supplementing a number of articles of Circular No. 09/2006/TT-BTM dated May 25, 2006, Circular No. 34/2013/TT-BCT dated December 24, 2013, and Circular No. dated July 05, 2016

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

a) To amend and supplement Part IV as follows:

“IV. CANCELLATION OF FRANCHISE REGISTRATION

A trader's franchise registration shall be canceled in the cases specified in Article 22 of Decree No. 35/2006/ND-CP. Within 5 working days from the date of cancellation of a trader's franchise registration, the Ministry of Industry and Trade shall publicize such cancellation on its website according to Form No. TB-6A provided in Appendix II to this Circular”.

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

“The provincial-level Department of Industry and Trade shall, based on law provisions, organize the receipt of reports and manage the franchise activities carried out by traders on the locality within the ambit of competence”.

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

“1. The classification of goods in Appendices to this Circular complies with headings and description of goods in accordance with the Minister of Finance’s Circulars on promulgation of Vietnam’s List of imports and exports in each period”.

3. To amend and supplement a number of articles of Circular No. 11/2016/TT-BCT dated July 5, 2016, on forms prescribed in Decree No. 07/2016/ND-CP dated January 25, 2016, of the Government, 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 shall 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 under the Ministry of Industry and Trade shall establish, manage, run, and maintain the operation and provide training courses and guidance on use of the database of Vietnam-based representative offices and branches of foreign traders on the website http://vpdd.dvctt.gov.vn”.

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

1. To replace and repeal a number of articles of Circular No. 09/2006/TT-BTM dated May 25, 2006

a) To replace a number of phrases relating to names of agencies and units specified in Circular No. 09/2006/TT-BTM dated 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 Department of Planning and Investment” specified in Section 1 Part V, Form S1, Form TB-2A, Form TB-3A, Form TB-4A, 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”.

d) To repeal the provisions of  Section 2 Part I; Clause d Section 3 Part I; Sections 3, 7 and 8 Part II; provisions on provincial codes specified in 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 specified in Appendix II of Circular No. 09/2006/TT-BTM dated May 25, 2006.

2. To replace and repeal a number of articles of Circular No. 34/2013/TT-BCT dated December 24, 2013

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

b) To repeal Clause 2 Article 3.

3. To replace and repeal a number of articles of Circular No. 11/2016/TT-BCT dated June 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 repeal 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 legal normative documents referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail.

3. Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Industry and Trade (via the Planning and Finance Department) for timely review and settlement.

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