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THE MINISTRY OF
FOREIGN AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.
10/2005/TT-BNG
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Ha
noi, May 19, 2005
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENTS 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
In furtherance of the
Governments 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 (hereinafter referred to as the Decree for short), the
Ministry of Foreign Affairs hereby guides the implementation as follows:
I. GENERAL PROVISIONS:
Scope and objects of regulation
1. This Circular guides the
implementation of a number of articles of the Governments Decree No.
06/2005/ND-CP on the establishment and operation of representative offices of
foreign organizations with a view to assisting the cooperation and research in
specialized domains of science, technology, natural resources and environment,
healthcare, social affairs and some other specialized domains between foreign
governments and the Vietnamese Government not for profit.
2. This Circular shall not apply
to the establishment and operation of representative offices of foreign
cooperation and research organizations not under ministries, branches or local
administrations of foreign countries.
3. Vietnamese managing agencies
mean ministries, branches or Peoples Committees of provinces or centrally-run
cities, which have direct partnership relations with foreign cooperation and
research organizations (within the scope defined in Section 1).
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II. CONDITIONS AND PROCEDURES
FOR GRANTING, AMENDING, SUPPLEMENTING, EXTENDING AND WITHDRAWING PERMITS
1. The grant of permits for
establishment of representative offices shall be conducted after foreign organizations
have their programs or projects approved by competent Vietnamese agencies and
agreements or memoranda of understanding (MOU) on cooperation are signed
between such organizations and Vietnamese managing agencies according to the
contents prescribed in Article 18 of the Decree.
2. Specific numbers of
foreigners and Vietnamese working at representative offices mentioned in
Article 6, Clause 1(d) of the Decree mean the numbers of program officers and
staffs regularly working at such offices within the duration of permits.
3. Relevant agencies defined in
Article 8, Clause 1 of the Decree, which are consulted by the Ministry of
Foreign Affairs when carrying out procedures for granting, amending,
supplementing, extending or withdrawing permits, mean agencies in charge of
State management over security and finance domains as well as over programs and
projects.
4. Foreign organizations which
apply for permits to set up representative offices, or for amendment,
supplementation and extension thereof must submit the following dossiers
provided that they fully meet the conditions specified in Articles 5 and 6 of
the Decree:
A dossier of application for
setting up of a representative office comprises:
a/ An application for setting up
of a representative office with the contents provided for in the form
Application for setting up of representative office in the Socialist Republic
of Vietnam set by the Ministry of Foreign Affairs (not printed herein);
b/ The charter or operation
regulation of the foreign organization applying for setting up of
representative office;
c/ The document(s) of foreign
managing ministry, branch or local administration, permitting the foreign
organization to set up its representative office in Vietnam;
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e/ Programs or projects approved
by competent Vietnamese agencies;
f/ The background of the person expected
to be appointed chief representative in Vietnam;
g/ The letter of recommendation
or the decision on appointment of the chief representative in Vietnam, made by
the head of the ministry, branch or local administration managing such foreign
organization;
A dossier of application for
amendment, supplementation or extension of a permit comprises:
a/ An application for amendment,
supplementation or extension of permit with the following principal contents:
+ Full name and address of the
representative office.
+ Permit for setting up of the
representative office (serial number, date and issuing agency).
+ Operation objectives,
contents, scope and duration prescribed in the permit.
+ Reasons for amendment,
supplementation or extension of the permit.
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b/ Enclosed supporting documents
to ensure the feasibility of the permit amendment, supplementation or
extension, including:
+ Dossier on the projected new
location of the representative office, in case of office relocation.
+ Resume of the person expected
to be new chief representative, in case of change of chief representative.
+ Documents on programs or
projects or written commitments on amendments and/or supplements regarding
cooperation between the foreign organization and the Vietnamese managing
agency, in case of expansion of operation scope and prolongation of operation
duration of the representative office.
5. Regarding withdrawal of
permits:
At the request of either party
to programs or projects, permits for setting up of representative offices shall
be withdrawn in the following cases where: such representative offices operate
not in accordance with the contents of granted permits; they violate the
provisions of the Decree; they violate Vietnamese law; or such programs or
projects terminate ahead of time.
III. ORDER OF GRANTING,
AMENDING, SUPPLEMENTING, EXTENDING AND WITHDRAWING PERMITS
1. A foreign organization which
applies for setting up of a representative office, amendment, supplementation
and extension of permit must compile 3 (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 Department for International
Organizations). The dossier-receiving agency must have a monitoring book and
hand receipts upon fully receiving valid dossiers.
2. Before issuing decisions
according to its competence, the Ministry of Foreign Affairs shall consult with
Vietnamese managing agencies, concerned ministries and agencies, and Peoples
Committees of provinces or centrally-run cities where representative offices
are expected to be located in case of grant of new permits or where
representative offices are located in case of application for amendment,
supplementation or extension of permits. In case of divergent opinions, the
Ministry of Foreign Affairs shall propose the Prime Minister to consider and
decide on the approval of grant, amendment, supplementation or extension of
permits. The Ministry of Foreign Affairs shall notify results of consideration
and approval to the concerned foreign organizations within 30 days after
receiving complete and valid dossiers.
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4. Within 90 days after the
expiration of their permits or after being notified to terminate their
operation, representative offices must complete the liquidation of dissolution
procedures related to head offices, residential houses, employees, working
facilities, the payment of debts (if any), the fulfillment of financial obligations
and other matters to concerned organizations and individuals in Vietnam. In
special cases, with approvals of the Ministry of Foreign Affairs and Vietnamese
managing agencies, this time limit may be prolonged, but must not exceed one
year.
IV. MECHANISM FOR
COORDINATION BETWEEN THE MINISTRY OF FOREIGN AFFAIRS AND MANAGING AGENCIES,
PEOPLES COMMITTEES OF PROVINCES OR CITIES WHERE FOREIGN ORGANIZATIONS APPLY FOR
SETTING UP OF REPRESENTATIVE OFFICES AS WELL AS CONCERNED MINISTRIES AND
AGENCIES IN THE GRANT, AMENDMENT, SUPPLEMENTATION, EXTENSION AND WITHDRAWAL OF
PERMITS
1. Vietnamese managing agencies
shall consult with the Ministry of Foreign Affairs and concerned ministries or
agencies on contents of written agreements between Vietnamese managing agencies
and concerned foreign organizations.
2. After receiving complete and
valid dossiers of application for grant, amendment, supplementation or
extension of permits, the Ministry of Foreign Affairs shall consult Vietnamese
managing agencies, Peoples Committees of provinces or cities where foreign
organizations have applied or will apply for setting up of representative
offices and concerned ministries or agencies for their written opinions on the
following matters:
a/ Situation of operation of the
concerned foreign organizations in localities and opinions of Peoples
Committees of provinces or cities where foreign organizations have applied or
will apply for setting up of representative offices.
b/ Situation of operation of
foreign organizations which have programs or projects related to their
ministries or branches and opinions of Vietnamese managing agencies and
concerned ministries or agencies on applications for setting up representative
offices, amendment, supplementation or extension of permits of foreign
organizations; verification of personal identifications and political stances
of persons expected to be chief representatives in Vietnam.
Within 15 days after receiving
official letters for their comments, Vietnamese managing agencies, Peoples
Committees of provinces or cities where foreign organizations have applied or
will apply for setting up of representative offices, concerned ministries or
agencies shall reply in writing the Ministry of Foreign Affairs on the
above-said matters.
3. In the course of examination
of dossiers of application for grant, amendment, supplementation or extension
of permits, when deeming it necessary, the Ministry of Foreign Affairs shall
assume the prime responsibility for, and coordinate with Vietnamese managing
agencies, concerned ministries or agencies in, sending working teams to conduct
on-spot inspection of operation of representative offices.
4. Before issuing decisions on
permit withdrawal, the Ministry of Foreign Affairs shall consult the concerned
Vietnamese managing agencies, Peoples Committees of provinces or cities where
representative offices are located, concerned ministries or branches for their
opinions on decisions on temporary suspension or termination of operation of
such representative offices in cases where they operate not in accordance with
their permits, or violate the provisions of this Decree and Vietnamese law.
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1. Interests:
a/ After being granted permits, representative
offices may rent working offices, residential houses and recruit Vietnamese
people to work for their offices according to provisions of Vietnamese law;
b/ Representative offices, chief
representatives and their foreign staff members shall enjoy tax preferences
according to relevant current provisions of Vietnamese law applicable to
representations of international organizations in Vietnam.
2. Obligations and
responsibilities of representative offices:
a/ Chief representatives shall
have to abide by the provisions of Article 14 of the Decree. Representative
offices shall have to observe the regime of biannually and annually reporting
respectively on June 15 and December 15 to the Ministry of Foreign Affairs and
concerned Vietnamese managing agencies. Periodical reports must have the
contents prescribed in the form enclosed with this Circular (not printed
herein).
b/ The numbers of foreigners and
Vietnamese staff members working for a representative office must not exceed
those specified in its permit. If the representative office wishes to increase
its staff members, it must be permitted by the concerned Vietnamese managing
agency.
c/ Chief representatives shall
have to guarantee that none of their staff members conduct profit-generating
activities or any other activities irrelevant to the survey and execution of
programs and projects stated in the applications for setting up of
representative offices.
d/ Chief representatives shall
have to guarantee that relatives and persons accompanying staff members of
their offices do not conduct professional activities without permission of
concerned Vietnamese managing agencies.
e/ Chief representatives shall
have to guarantee that representative offices staff members and their relatives
strictly observe Vietnamese law and respect Vietnamese customs and practices.
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VI. RESPONSIBILITIES OF STATE
MANAGEMENT AGENCIES TOWARD REPRESENTATIVE OFFICES
1. The Ministry of Foreign
Affairs shall assist the Government in performing the uniform State management
over representative offices, coordinate with Vietnamese managing agencies,
Peoples Committees of provinces or cities where foreign organizations locate
their representative offices and concerned ministries or agencies in performing
the State management over representative offices according to the provisions of
Articles 15, 16 and 17 of the Decree and have responsibilities:
a/ To guide procedures for
applying for permits;
b/ To gather written opinions of
the concerned Vietnamese agencies managing branches or domains in which
representative offices operate, Peoples Committees of provinces or cities where
foreign organizations apply to set up their representative offices, and
concerned ministries or agencies, when considering the grant, amendment,
extension, temporary suspension or withdrawal of permits;
c/ To contribute opinions to
Vietnamese managing agencies on contents of MOU;
d/ Vietnamese managing agencies,
Peoples Committees of provinces or cities where foreign organizations locate
their representative offices, concerned ministries and agencies shall have to
make reports on operation of representative offices and send them to the
Ministry of Foreign Affairs within the first week of December every year for
sum-up in annual reports to be submitted to the Prime Minister.
2. Vietnamese managing agencies
defined in Article 16 of the Decree shall have the responsibilities:
a/ To reply in writing the
Ministry of Foreign Affairs on branches or domains in which representative
offices operate in the course of consideration for grant, extension, amendment
or withdrawal of permits;
b/ To assume the prime
responsibility for compiling and signing agreements with concerned foreign
organizations according to the contents prescribed in Article 18 of the Decree;
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d/ To guide local Services,
departments and sectors in the branches or domains under their respective
management in managing activities of representative offices;
e/ To monitor, urge and inspect
activities of representative offices in domains or branches under their
respective management;
f/ To send annual reports on
operations of representative offices to the Ministry of Foreign Affairs, which
shall later sum up and report them to the Prime Minister.
3. The Peoples Committees of the
provinces or centrally-run cities where foreign organizations locate their
representative offices defined in Article 17 of the Decree shall have the
responsibilities:
a/ To create favorable
conditions for and manage activities of representative offices according to
their respective State management functions and powers;
b/ To reply in writing to the
Ministry of Foreign Affairs upon considering the setting up of representative
offices and withdrawal of permits;
c/ To send annual reports on
operations of representative offices to the Ministry of Foreign Affairs, which
shall later sum up and report them to the Prime Minister.
4. Concerned ministries and
agencies shall have the responsibilities:
a/ To reply in writing the
Ministry of Foreign Affairs on branches or domains in which representative
offices operate in the course of consideration for grant, extension, amendment
and withdrawal of permits;
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c/ To monitor, urge and inspect
activities of representative offices in domains or branches under their
respective management;
d/ To send annual reports on
activities of representative offices to the Ministry of Foreign Affairs, which
shall later sum up and report them to the Prime Minister.
VII. IMPLEMENTATION
PROVISIONS
This Circular takes effect 15
days after its publication in CONG BAO.
Any problems arising in the
course of implementation of the Decree should be promptly reported by concerned
ministries, localities and units to the Ministry of Foreign Affairs for study,
amendment and supplementation when it deems necessary.
MINISTER
OF FOREIGN AFFAIRS
Nguyen Dy Nien