Decree No.07/2016 on Representative Office of Foreign Trade

DECREE

DETAILED REGULATIONS ON ESTABLISHMENT OF REPRESENTATIVE OFFICES OR BRANCHES OF FOREIGN TRADERS IN VIETNAM UNDER LAWS ON COMMERCE

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Commerce dated June 14, 2005;

Pursuant to the Resolution No.71/2006/QH11 on ratification of the Protocol on Accession of the Republic Socialist of Vietnam to World Trade Organization (WTO) dated November 29 11, 2006;

At the request of the Minister of Industry and Trade;

The Government issues this Decree detailing the establishment of representative offices and branches of foreign traders in Vietnam under the Law on Commerce.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides detailed regulations on the establishment, operation, rights and obligations of representative offices and branches of foreign traders in Vietnam under the law on Commerce.

2. Where representative offices or branches of foreign traders specialize in fields prescribed by specialized legislative documents, the establishment of such representative offices or branches shall comply with provisions promulgated in the respective specialized legislative documents.

Article 2. Regulated entities

1. This Decree applies to foreign traders, representative offices and branches of such foreign traders in Vietnam (hereinafter referred to as representative offices and branches).

2. Representative offices and branches of foreign-invested enterprises incorporated in Vietnam shall not be governed by this Decree.

Article 3. The right to establish representative offices or branches of foreign traders in Vietnam

1. Foreign traders are entitled to establish their representative offices or branches in Vietnam according to Vietnam’s commitments to treaties to which Vietnam is a signatory.

2. Each foreign trader shall not establish more than one representative office or branch that has the same name within a province or centrally-affiliated city (hereinafter referred to as “province”).

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Article 45. Transition provisions

The representative office whose License for Establishment is granted before the effective date of this Decree shall be entitled to continue to operate up to the expiration date of the granted license for establishment.

Article 46. Entry into force

1. This Decree comes into effect from March 10, 2016.

2. This Decree shall replace the Decree No.72/2006/ND -CP dated July 25, 2006 of the Government detailing regulations on establishment of representative offices and branches of foreign traders in Vietnam under the Law on Commerce.

3. The Article 2 of the Decree No. 120/2011/ND -CP amending and supplementing a number of administrative procedures promulgated in Decrees detailing the implementation of the Law on Commerce dated December 16, 2011 by the Government shall be null and void;

Article 47. Implementation organizations

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and relevant agencies shall be responsible for the implementation of this Decree./.