THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 11/2006/TT-BTM
Hanoi, September 28, 2006
 
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 72/2006/ND-CP OF JULY 25, 2006, WHICH DETAILS THE COMMERCIAL LAW REGARDING VIETNAM-BASED REPRESENTATIVE OFFICES AND BRANCHES OF FOREIGN TRADERS
Pursuant to the Government’s Decree No. 29/2004/ND-CP of January 16, 2004, on the functions, tasks, powers and organizational structure of the Ministry of Trade;
Pursuant to the Government’s Decree No. 72/2006/ND-CP of July 25, 2006, detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders (below referred to as Decree No. 72/2006/ND-CP for short);
The Ministry of Trade guides the dossiers, order and procedures for the grant, re-grant, modification and extension of representative office or branch establishment permits; the notification, reporting and termination of operation of Vietnam-based representative offices and branches of foreign traders under the provisions of Decree No. 72/2006/ND-CP as follows:
I. GENERAL PROVISIONS
1. Agencies that grant, re-grant, modify, extend or revoke permits for establishment of Vietnam-based representative offices and branches of foreign traders (below referred to as permit-granting agencies for short)
a/ The Ministry of Trade shall grant, re-grant, modify, extend and revoke permits for establishment of foreign traders’ branches (below referred to as branches for short).
b/ Provincial/municipal Trade Services or provincial/municipal Trade-Tourism Services (below collectively referred to as provincial/municipal Trade Services) shall grant, re-grant, modify, extend and revoke permits for establishment of foreign traders’ representative offices (below referred to as representative offices for short) within the management scope of localities.
2. Responsibilities of permit-granting agencies
a/ To grant, re-grant, modify, extend or revoke permits for establishment of foreign traders’ representative offices or branches according to the provisions of Decree No. 72/2006/ND-CP.
b/ To consider the termination of operation of representative offices or branches according to the provisions of Decree No. 72/2006/ND-CP and the guidance in this Circular.
c/ To collect, manage and use the fee for grant, re-grant, modification or extension of representative office or branch establishment permits under the Finance Ministry’s guidance.
d/ To fully observe the regime of archiving dossiers of grant, re-grant, modification, extension or revocation of representative office or branch establishment permits as provided for by the law on archive.
e/ To assume the prime responsibility for, and coordinate with competent state agencies in, inspecting and supervising the organization and operation of representative offices and branches; detect and handle according to their competence or propose competent agencies to handle according to law violations committed by representative offices or branches.
f/ The Ministry of Trade shall publicize information on Vietnam-based representative offices and branches of foreign traders on its website: http://www/mot.gov.vn; develop a software for management of representative offices and branches and guide the use of a software for management and updating of information on representative offices to provincial/municipal Trade Services.
g/ Once a month, provincial/municipal Trade Services shall update information on grant, re-grant, modification, extension or revocation of permits for establishment of foreign traders’ representative offices in their respective localities based on the information management software developed by the Trade Ministry and send periodical sum-up reports thereon to the Trade Ministry according to the provisions of Clause 3, Article 26 of Decree No. 72/2006/ND-CP.
h/ Other responsibilities as provided for by law.
3. General conditions on dossiers of grant, re-grant, modification or extension of representative office or branch establishment permits
a/ Papers, granted or certified by competent foreign bodies, in dossiers of representative offices or branches under the provisions of Decree No. 72/2006/ND-CP and the guidance in this Circular must be legalized by consular offices according to the provisions of Vietnamese law and translated into Vietnamese; the translations and their copies must be notarized according to the provisions of Vietnamese law.
b/ Copies of papers, granted or certified by competent Vietnamese bodies, in dossiers of representative offices and branches under the provisions of Decree No. 72/2006/ND-CP and the guidance in this Circular must be notarized according to the provisions of Vietnamese law.
II. DOSSIERS OF APPLICATION FOR GRANT, RE-GRANT, MODIFICATION OR EXTENSION OF REPRESENTATIVE OFFICE OR BRANCH ESTABLISHMENT PERMITS
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