Decree 14/2024/ND-CP amend Decree 28/2018/ND-CP detailing the Law on Foreign Trade Management regarding foreign trade development measures

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 28/2018/ND-CP of March 1, 2018, detailing the Law on Foreign Trade Management regarding foreign trade development measures

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 28/2018/ND-CP of March 1, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding foreign trade development measures.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 28/2018/ND-CP of March 1, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding foreign trade development measures (below referred to as Decree No. 28/2018/ND-CP)

1. To amend Clauses 1 and 4; Point c, Clause 6; and Clauses 7 and 8; and add Point c below Point b, Clause 3, Article 26 as follows:

a/ To amend Clause 1 as follows:

“1. A foreign trade-promotion organization wishing to establish a Vietnam-based representative office shall send 1 dossier of application for a license for establishment of Vietnam-based representative office to the provincial-level Department of Industry and Trade (the licensing agency) of the locality where the representative office is expected to be located.”.

b/ To add Point c below Point b, Clause 3, Article 26 as follows:

“c/ Sending online the files of valid documents required for dossier via the National Public Service Portal or a provincial-level information system for settlement of administrative procedures.”.

c/ To amend Clause 4 as follows:

“4. Within 20 days after receiving a complete dossier, the licensing agency shall consider it and grant to the foreign trade-promotion organization a license for establishment of representative office, made according to Form No. 02 provided in the Appendix to this Decree. If refusing to grant a license, the licensing agency shall issue a written reply, clearly stating the reason. In case it is required to consult the Ministry of Public Security and/or Ministry of National Defense under Clause 8 of this Article, the time limit for granting a license is 40 days after the receipt of a complete dossier.”.

d/ To amend Point c, Clause 6 as follows:

“c/ There are signs and proofs that the foreign trade-promotion organization establishes its representative office in order to organize, or participate in, or finance activities that are likely to harm security, national defense or social order and safety, and that contravene historical traditions, culture, morality or fine customs and habits of Vietnam;”.

dd/ To amend Clause 7 as follows:

“7. After granting to a foreign trade-promotion organization a license for establishment of Vietnam-based representative office, the licensing agency shall send an electronic license to the Ministry of Industry and Trade, Ministry of National Defense, Ministry of Public Security, provincial-level Departments of Industry and Trade nationwide, and provincial-level agencies of the locality where the representative office is located, including the provincial-level People’s Committee, tax office, statistics office and Public Security agency, and publish such on the licensing agency’s website.”.

e/ To amend Clause 8 as follows:

“8. In case the representative office’s operation is related to trade promotion for goods and services exclusively used for security or national defense purposes, the licensing agency shall propose the provincial-level People’s Committee to send a written request to the Ministry of Public Security and/or Ministry of National Defense to seek the latter’s opinions on grant of a license for establishment of representative office. The Ministry of Public Security and/or Ministry of National Defense shall give their opinions in writing within 14 days after receiving the request.”.

2. To amend Points a and b, Clause 1; and add Point c below Point b, Clause 4, Article 27 as follows:

a/ To amend Point a, Clause 1 as follows:

“a/ The representative office’s head is replaced; or information on the representative office’s head stated in the license is changed;”.

b/ To amend Point b, Clause 1 as follows:

“b/ The representative office is relocated to another place within the province or centrally run city where it used to be located;”.

c/ To add Point c below Point b, Clause 4 as follows:

“c/ Sending online the files of valid documents required for the dossier via the National Public Service Portal or a provincial-level information system for settlement of administrative procedures.”.

3. To add Clause 1a below Clause 1; amend Clause 2; add Point c below Point b, Clause 3; and amend Clause 4, Article 28 as follows:

a/ To add Clause 1a below Clause 1 as follows:

“1a. A license for establishment of a representative office of a foreign trade-promotion organization shall be re-granted in the following cases:

a/ The license is lost, burnt, torn or otherwise destroyed;

b/ The representative office is relocated to another province or centrally run city. At least 90 days before the expected date of relocation of the representative office, the foreign trade-promotion organization or its representative office shall send a notice of the relocation to the creditors, staff members of the representative office, and other persons with related rights, obligations and interests. This notice must state the expected time of relocation of the representative office and shall be publicly displayed at the representative office and published in 3 consecutive issues of a licensed print or electronic newspaper in Vietnam.”.

b/ To amend Clause 2 as follows:

“2. A dossier of request for re-grant of a representative office establishment license must comprise:

a/ One written request for re-grant of representative office establishment license, made according to Form No. 04 provided in the Appendix to this Decree, which shall be submitted to the licensing agency of the locality where the representative office is located (for the case specified at Point a, Clause 1a of this Article);

b/ One written request for re-grant of representative office establishment license, made according to Form No. 04 provided in the Appendix to this Decree, which shall be submitted to the licensing agency of the locality to which the representative office is expected to be relocated; the original of the license for establishment of the Vietnam-based representative office of the foreign trade-promotion organization that remains valid for at least 60 days; a document proving that the notice of relocation of the representative office to another province or centrally run city has been publicly displayed at the representative office and published in 3 consecutive issues of a licensed print or electronic newspaper in Vietnam (for the case specified at Point b, Clause 1a of this Article).”.

c/ To add Point c below Point b, Clause 3 as follows:

“c/ Sending online the files of valid documents required for the dossier via the National Public Service Portal or a provincial-level information system for settlement of administrative procedures.”.

d/ To amend Clause 4 as follows:

“4. Procedures for re-grant of a representative office establishment license:

a/ Within 14 days after receiving a complete dossier specified at Point a, Clause 1a of this Article, the licensing agency shall re-grant a license to the foreign trade-promotion organization. In this case, the validity period of the re-granted license is the same as that of the license that is lost, burnt, torn or otherwise destroyed.

b/ After receiving a dossier of request for re-grant of a representative office establishment license specified at Point b, Clause 1a of this Article, the dossier-receiving agency shall send a written request to the provincial-level Department of Industry and Trade of the locality where the representative office is located to seek the latter’s opinions on re-grant of the license. The provincial-level Department of Industry and Trade shall give its opinions in writing within 14 days after receiving the request. The time limit for re-grant of a representative office establishment license specified in Point b, Clause 1a of this Article is 26 days after receiving a complete dossier; in case of refusing to re-grant a license, the dossier-receiving agency shall issue a written reply, clearly stating the reason and, at the same time, return the original of the representative office establishment license submitted together with the dossier. In this case, the validity period of the re-granted license must comply with Clause 5, Article 26 of Decree No. 28/2018/ND-CP.

c/ After re-granting a representative office establishment license, the licensing agency shall send the electronic license to the agencies specified in Clause 7, Article 26 of this Decree.”.

4. To add Point c below Point b, Clause 3, Article 9 as follows:

“c/ Sending online the files of valid documents required for the dossier via the National Public Service Portal or a provincial-level information system for settlement of administrative procedures.”.

5. To amend Clause 2; add Point c below Point b, Clause 5; and amend Clauses 7 and 8, Article 33 as follows:

a/ To amend Clause 2 as follows:

“2. Cases in which a representative office will have its establishment license revoked:

a/ The representative office fails to officially operate within 6 months after being granted the license;

b/ The representative office ceases operation for 6 consecutive months without notifying such to the licensing agency;

c/ The representative office fails to operate according to its functions under Vietnam’s law and relevant treaties to which Vietnam is a contracting party;

d/ There is a proof that the representative office has organized, or participated in, or financed activities that are likely to harm security, national defense or social order and safety, and that contravene historical traditions, culture, morality or fine customs and habits of Vietnam;

dd/ The licensing agency has received official notices from competent agencies stating that the foreign trade-promotion organization and/or its representative office commits violations of Vietnam’s labor law that are serious enough for penal liability examination;

e/ The licensing agency has received official notices from competent agencies stating that the foreign trade-promotion organization is on the sanctions list under resolutions of the United Nations Security Council.".

b/ To add Point c below Point b, Clause 5 as follows:

“c/ Sending online the files of valid documents required for the dossier via the National Public Service Portal or a provincial-level information system for settlement of administrative procedures.”.

c/ To amend Clause 7 as follows:

“7. Within 7 working days after issuing a document on refusal to extend the representative office establishment license or after issuing a decision on revocation of the representative office establishment license (made according to Form No. 08 provided in the Appendix to this Decree) under Point dd, Clause 1 of this Article, the licensing agency shall publish such on its website and send a notice thereof to the Ministry of Industry and Trade, provincial-level People’s Committee, tax office, statistics office and Public Security agency of the locality where the representative office is located, and the Ministry of Public Security and/or Ministry of National Defense in case the representative office is established under Clause 8, Article 26 of this Decree.”.

c/ To amend Clause 8, Article 33 as follows:

“8. Within 7 working days after approving the termination of operation of a representative office and withdrawing the representative office establishment license, the licensing agency shall notify such termination to the Ministry of Industry and Trade, provincial-level People’s Committee, tax office, statistics office and Public Security agency of the locality where the representative office is located, and the Ministry of Public Security and/or Ministry of National Defense in case the representative office is established under Clause 8, Article 26 of this Decree.”.

6. To amend Point b, Clause 1; and Clauses 4 and 5, Article 34 as follows:

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

“b/ Assuming the prime responsibility for, and coordinating with ministries, ministerial-level agencies, related agencies and provincial-level People’s Committees in, organizing the implementation of, and inspecting and examining the national trade promotion program and the national branding program, and performing the state management of overseas Vietnamese trade-promotion organizations; inspecting and examining provincial-level Departments of Industry and Trade in the state management of the operation of Vietnam-based representative offices of foreign trade-promotion organizations; sending copies of dossiers for grant, modification, re-grant and extension of licenses for establishment of Vietnam-based representative offices of foreign trade-promotion organizations to provincial-level Departments of Industry and Trade of the localities where Vietnam-based representative offices of foreign trade-promotion organizations are located;".

b/ To amend Clause 4 as follows:

“4. Ministries and ministerial-level agencies shall, within the ambit of their competence, assume the prime responsibility for, and coordinate with related provincial-level People’s Committees, agencies and organizations in, implementing national programs on building and development of commodity brands of Vietnam; and coordinate with the Ministry of Industry and Trade and provincial-level People’s Committees in managing the operation of Vietnam-based representative offices of foreign trade-promotion organizations.”.

c/ To amend Clause 5 as follows:

“5. Provincial-level People's Committees shall:

a/ Guide, assume the prime responsibility for, and carry out, trade promotion activities for foreign trade development in localities in accordance with this Decree;

b/ Perform the state management of, and inspect and examine, the operation of representative offices of foreign trade-promotion organizations in localities;

c/ Provincial-level Departments of Industry and Trade shall assist provincial-level People's Committees in performing the management task specified at Point b of this Clause and send reports on the state management of the operation of Vietnam-based representative offices of foreign trade-promotion organizations, made according to Form No. 09 provided in the Appendix to this Decree, to provincial-level People's Committees and the Ministry of Industry and Trade before February 28 every year.”.

Article 2. To add, replace or annul a number of provisions of Decree No. 28/2018/ND-CP

1. To replace a number of phrases as follows:

a/ To replace the phrase “by post” at Point a, Clause 3, Article 10; Point a, Clause 3, Article 11; Point a, Clause 3, Article 26; Point a, Clause 4, Article 27; Point a, Clause 3, Article 28; Point a, Clause 3, Article 29; Point a, Clause 5, Article 33, with the phrase “by postal services”;

b/ To replace the phrase “30 working days” in Clause 2, Article 27 with the phrase “30 days”;

c/ To replace the phrase “10 working days” in Clause 5, Article 27 and Clause 4, Article 29 with the phrase “14 days”.

2. To add and replace a number of forms provided in the Appendix as follows:

a/ To add Form No. 09 “Report on the state management of the operation of Vietnam-based representative offices of foreign trade-promotion organizations”;

b/ To replace Forms No. 01 thru No. 08.

3. To annul Point h, Claus 2, Article 26; Point d, Clause 3, Article 27; and Point e, Clause 1, Article 33.

Article 3. Implementation provisions

1. This Decree takes effect on March 25, 2024.

2. Dossiers for performance of administrative procedures which are submitted before the effective date of this Decree will be processed in accordance with Decree No. 28/2018/ND-CP.-

On behalf of the Government
            For the Prime Minister
            Deputy Prime Minister
            LE MINH KHAI

* The Appendix to this Decree is not translated.