Circular 03/2025/TT-BNG amend Circular 10/2005/TT-BNG establish representative offices of foreign cooperation and research organizations

CIRCULAR

Amending, supplementing and repealing a number of articles of the Minister of Foreign Affairs' Circular No. 10/2005/TT-BNG of May 19, 2005 guiding the implementation of a number of articles of the Government's Decree No. 06/2005/ND-CP of January 19, 2005 on the establishment and operation of representative offices of foreign cooperation and research organizations in Vietnam

Pursuant to the Government's Decree No. 06/2005/ND-CP dated January 19, 2005 on the establishment and operation of representative offices of foreign cooperation and research organizations in Vietnam;

Pursuant to the Government's Decree No. 28/2025/ND-CP dated February 24, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

At the request of the Director General of the Department of Foreign Affairs and Cultural Diplomacy;

The Minister of Foreign Affairs promulgates the Circular amending, supplementing and repealing a number of articles of the Minister of Foreign Affairs' Circular No. 10/2005/TT-BNG of May 19, 2005 guiding the implementation of a number of articles of the Government's Decree No. 06/2005/ND-CP of January 19, 2005 on the establishment and operation of representative offices of foreign cooperation and research organizations in Vietnam.

Article 1. Amending, supplementing and repealing a number of articles of the Minister of Foreign Affairs' Circular No. 10/2005/TT-BNG of May 19, 2005 guiding the implementation of a number of articles of the Government's Decree No. 06/2005/ND-CP of January 19, 2005 on the establishment and operation of representative offices of foreign cooperation and research organizations in Vietnam (Circular No. 10/2005/TT-BNG)

1. To amend Clause 5, Section II of Circular No. 10/2005/TT-BNG as follows:

"5. Regarding the revocation of permits:

The permit for establishing a RO will be revked in the following cases where: The operations do not align with the content specified in the granted permit; the operations violate the provisions of the Decree; the operations violate Vietnamese law; programs or projects are terminated ahead of time."

2. To amend Clause 1, Section III of Circular No. 10/2005/TT-BNG as follows:

"1. Foreign cooperation and research organizations applying for the establishment of ROs, amendments, supplements and extensions of permits must compile 03 (three) dossier sets according to the provisions of Section II, Clause 4 of this Circular and submit them directly to the Ministry of Foreign Affairs.

The dossier-receiving agency must have a monitoring book and issue a receipt upon receipt of a complete and valid dossier."

3. To repeal Clause 3, Section IV of Circular No. 10/2005/TT-BNG.

4. To amend a number of points of Section V of Circular No. 10/2005/TT-BNG as follows:

a) To amend Point b, Clause 1 as follows:

"b) The chief representative and the staff of the office who are foreigners shall enjoy tax preferences according to the current relevant Vietnamese laws applicable to representations of international organizations in Vietnam."

b) To amend Point a, Clause 2 as follows:

"a) The chief representative shall have to abide by the provisions of Article 14 of the Decree. The Representative office shall have to observe the regime of periodic reporting to the Ministry of Foreign Affairs and the concerned Vietnamese managing agencies."

Article 2. Adding Section VIa after Section VI as follows

"VIa. PERIODIC REPORTING REGIME

1. Name of the report:

a) For ROs of foreign cooperation and research organizations: Report on the implementation of activities in Vietnam in the first 6 months of the year per year (year of implementation of the report).

b) For the Vietnamese managing agencies: Report on the implementation of cooperation and management of the RO of foreign cooperation and research organizations in the year (year of implementation of the report).

2. Required reporting contents: Outline as per Form 03/BNG-VPDD and Form 04/BNG-VPDD as per the guidance in the Appendix attached to this Circular.

3. Subjects of reporting: The Vietnamese managing agencies shall submit reports using Form 03/BNG-VPDD, and foreign cooperation and research organizations submit reports using Form 04/BNG-VPDD as per the guidance in the Appendix attached to this Circular.

4. Agencies receiving reports:

a) The representative offices of foreign cooperation and research organizations shall submit reports to the Ministry of Foreign Affairs and the Vietnamese managing agencies.

b) The Vietnamese managing agencies shall submit reports to the Ministry of Foreign Affairs.

5. Methods of submission and receipt of reports:

a) Submitting via the Administration and Document System;

b) Submitting via the reporting information system of the Ministry of Foreign Affairs connected to the national reporting information system developed by the Government Office;

c) Submitting via the e-mail system;

d) Other methods as prescribed by law.

6. Deadline for submission of periodic reports by ROs of foreign cooperation and research organizations and the Vietnamese managing agencies to the Ministry of Foreign Affairs: no later than the 20^th day of the last month of the reporting period.

7. Frequency of reporting:

a) ROs of foreign cooperation and research organizations shall submit periodic reports for the first 6 months and annually;

b) The Vietnamese managing agencies shall submit annual reports.

8. Report data closing date:

a) Periodic reports for the first 6 months of the year: From December 15 of the year preceding the reporting period to June 14 of the reporting period.

b) Annual report: From December 15 of the year preceding the reporting period to December 14 of the reporting period.

9. The Ministry of Foreign Affairs and the Vietnamese managing agencies may request the ROs of foreign cooperation and research organizations to submit irregular reports. The report data closing date and the deadline for submitting reports shall comply with the request of the agency requesting the report."

Article 3. Promulgating the forms used in the process of establishment and operation of the ROs of foreign cooperation and research organizations in Vietnam attached to this Circular

1. Form 01/BNG-VPDD: An application for permission to establish a RO of a foreign cooperation and research organization in Vietnam.

2. Form 02/BNG-VPDD: Permit for establishment of a RO of a foreign research and cooperation organization in Vietnam.

3. Form 03/BNG-VPDD: Outline of the periodic report of the Vietnamese managing agency.

4. Form 04/BNG-VPDD: Outline of periodic reports of the RO of foreign cooperation and research organizations in Vietnam.

Article 4. Implementation provisions

1. This Circular takes effect from July 28, 2025

2. Permits for the establishment of ROs of foreign cooperation and research organizations in Vietnam granted before the effective date of this Circular shall continue to be valid until the expiration date stated in the permits. When carrying out the procedures for amending, supplementing or renewing the permits, on the basis of satisfying the prescribed conditions, the Ministry of Foreign Affairs shall grant the permits for establishment of ROs in Vietnam of foreign cooperation and research organizations according to Form 02/BNG-VPDD enclosed with this Circular.

3. In the course of implementation, if any new problems or difficulties or problems occur, agencies, organizations and individuals are requested to promptly report them to the Ministry of Foreign Affairs for review, amendment and supplementation./.