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GOVERNMENT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 14/2024/ND-CP
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Hanoi, February 07, 2024
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DECREE
AMENDMENTS TO CERTAIN ARTICLES OF
DECREE NO. 28/2018/ND-CP DATED MARCH 01, 2018 OF THE GOVERNMENT OF VIETNAM
ELABORATING THE LAW ON FOREIGN TRADE MANAGEMENT REGARDING SOME MEASURES FOR
FOREIGN TRADE DEVELOPMENT
Pursuant to the
Law on Government Organization dated June 19, 2015;
Pursuant to the
Law on Local Government Organization dated June 19, 2015;
Pursuant to the
Law on amendments to the Law on Governmental Organization and the Law on Local
Government Organization dated November 22, 2019;
Pursuant to the
Law on Foreign Trade Management dated June 12, 2017;
At the request
of the Minister of Industry and Trade;
The Government
herby promulgates a Decree on amendments to certain Articles of Decree No.
28/2018/ND-CP dated March 01, 2018 of the Government of Vietnam elaborating the
Law on foreign trade management regarding some measures for foreign trade
development.
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1. Amendments to Clauses 1 and 4, Point c Clause 6,
Clause 7, Clause 8 and of Article 6, and addition of Point c to after
Point b Clause 3 Article 26:
a) Amendments to Clause 1:
“1. The foreign trade promotion organization that
establishes a representative office in Vietnam shall submit 01 application for
issuance of the Vietnam-based representative office establishment license to
the Department of Industry and Trade of the province or central-affiliated city
(the licensing authority) where the representative office is intended to be
located.”
b) Addition of Point c to after point b clause 3 of
Article 26:
"c) online via the National public service
portal or the Information system for handling administrative procedures of the
province. The e-application includes component documents having legal value”
c) Amendments to Clause 4:
“4. Within 20 days from the date on which the
satisfactory application is received, the licensing authority shall consider it
and issue the representative office establishment license (using Form No. 02 in
the Appendix hereof) to the foreign trade promotion organization. In case of rejection
of the application, the licensing authority shall provide written explanations.
In case the issuance requiring approval from the Ministry of Public security
and the Ministry of National Defense as prescribed in Clause 8 of this Article,
the time limit for processing the application is 40 days from the date on which
the satisfactory application is received.”.
d) Amendments to Point c Clause 6:
“c) There are reasonable grounds and signs to
believe that the foreign trade promotion organization establishes the
representative office to organize or participate or finance operations causing
harm to national defense, security, social security and order, and contrary to
history, culture, code of ethics and fine traditions and customs of Vietnam;”.
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“7. After issuing the representative office
establishment license, the licensing authority shall send an electronic copy of
the license to the Ministry of Industry and Trade, the Ministry of National
Defense, the Ministry of Public Security, Departments of Industry and Trade of
provinces and central-affiliated cities of Vietnam, agencies of provinces where
the representative office is located, including: People’s Committees of
provinces and central-affiliated cities (hereinafter referred to as the
“People’s Committees of provinces”), tax authorities, statistical authorities
and police authorities and publicly post it on the website of the licensing
authority.”.
e) Amendments to Clause 8:
“8. In case the representative office’s operation involves
promotion of trade in goods and services used for security and defense
purposes, the licensing authority shall submit a report to the People’s
Committee of the province which submits a written proposal for approval for the
issuance of the representative office establishment license of the Ministry of
Public Security and the Ministry of National Defense. The Ministry of Public
Security and the Ministry of National Defense shall reply in writing within 14
days after receiving the written proposal.”.
2. Amendments to Points a and b clause 1 and
addition of Point c to after Point b Clause 4 Article 27:
a) Amendments to Point a Clause 1:
“a) Change of the head of the representative office
or change of information of the head of the representative office written on
the license;”.
b) Amendments to Point b Clause 1:
“b) Change in the location of the representative
office within the province or central-affiliated city where the representative
office is located;“.
c) Addition of Point c to after Point b Clause 4:
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3. Addition of Clause 1a to after Clause 1,
amendments to Clause 2, addition of Point c to after Point b Clause 3 and
amendments to Clause 4 of Article 28:
a) Addition of Clause 1a to after Clause 1:
“1a. The representative office establishment
license of the foreign trade promotion organization shall be reissued in the
following cases:
a) The representative office establishment license
is lost, burned, torn, crushed or destroyed in another form;
b) The representative office is relocated to
another province or central-affiliated city. Within 90 days before the day
intended to relocate the representative office, the foreign trade promotion
organization or the representative office shall send a notification of the
relocation of the representative office to creditors and employees working for
the representative office and other persons with related rights and interests.
This notification shall specify the intended date of relocation of the
representative office, be publicly posted at the representative office and be
published in written or electronic newspapers licensed to be distributed in
Vietnam in 03 consecutive issues.".
b) Amendments to Clause 2:
“2. An application for reissuance of the
representative office establishment license includes:
a) 01 written proposal to be sent to the licensing authority
of the place where the representative office is located using Form No. 04 in
Appendix enclosed herewith (applicable to the cases prescribed in Point a
Clause 1a of this Article);
b) 01 written proposal to be sent to the licensing
authority of the place where the representative office is expected to be
relocated using Form No. 04 in Appendix enclosed herewith; the original
representative office establishment license of the foreign trade promotion
organization in Vietnam still effective for at least 60 days; documents proving
the notification of relocation of the representative office to another province
or city has been posted at the representative office and published in written
or electronic newspapers licensed to be distributed in Vietnam in 03 consecutive
issues (applicable to the cases prescribed in Point b Clause 1a of this
Article).”.
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"c) online via the National public service
portal or the Information system for handling administrative procedures of the
province. The e-application includes component documents having legal value.”
d) Amendments to Clause 4:
“4. Order for reissuing the representative office
establishment license shall be as follows:
a) Within 14 working days from the date on which
the appropriate application is received as prescribed in Point a Clause 1a of
this Article, the licensing authority shall reissue the license to the foreign
trade promotion organization. The reissued license shall, in this case, have
the expiry date similar to that of the previous license which has been lost,
burned, torn, crushed or destroyed in another form.
b) When receiving the application for reissuance of
the establishment license as prescribed in Point b Clause 1a of this Article,
the receiving agency shall send a written proposal for approval for the
reissuance of the license to the Department of Industry and Trade of the
province or central-affiliated city where the representative office is
currently located. The Department of Industry and Trade of the province or
central-affiliated city where the representative office is currently located
shall respond in writing within 14 days from the date of receiving the written
proposal. The time limit for reissuance of the establishment license in
accordance with Point b Clause 1a of this Article is 26 days from the date on
which the appropriate application for reissuance of the license of the foreign
trade promotion organization is received; in case of rejection of the
application, the receiving agency shall respond in writing and provide
explanations, as well as return the original establishment license that has
been enclosed with the application for reissuance. The reissued licence shall,
in this case, have the expiry date as prescribed in Clause 5 Article 26 of
Decree No. 28/2018/ND-CP.
c) After reissuing the establishment license, the
licensing authority shall send an electronic copy of the reissued license to
the agencies prescribed in Clause 7 Article 26 of this Decree.”.
4. Addition of Point c to
after point b clause 3 Article 29:
"c) online via the National public service
portal or the Information system for handling administrative procedures of the
province. The e-application includes component documents having legal value.”
5. Amendments to Clause 2, addition of Point c to
after Point b Clause 5, amendments to Clauses 7 and 8 of Article 33:
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“2. Cases in which the establishment license is
revoked:
a) The representative office fails to officially
come into operation within 06 months from the date on which it is issued with
the establishment license;
b) The representative office has shut down its
operation for 06 consecutive months without notifying the licensing authority;
c) The representative office fails to function
properly as a representative office according to Vietnam's laws and relevant
international conventions to which Vietnam is a signatory;
d) There are reasonable grounds to believe that the
representative office organizes or participates or finances operations causing
harm to national defence, security, social security and order, and contrary to
history, culture, code of ethics and fine traditions and customs of Vietnam;
dd) The licensing authority receives an official
notification from competent authorities of violations against labour laws of
Vietnam to the extent that the foreign trade promotion organization and the
representative office must be prosecuted for criminal liability;
e) The licensing authority receives an official
notification from competent authorities of the foreign trade promotion
organization on the list subject to sanctions according to Resolutions of the
United Nations Security Council.”.
b) Addition of Point c to after point b clause 5:
"c) online via the National public service
portal or the Information system for handling administrative procedures of the
province. The e-application includes component documents having legal value”
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“7. Within 07 working days from the date on which
the decision on refusal to extend the representative office establishment
license or the decision on revocation of the license (using Form No. 08 in the
Appendix hereof) prescribed in Point dd Clause 1 of this Article is issued, the
licensing authority shall publish information on the website of the licensing
authority and notify the Ministry of Industry and Trade, the People's Committee
of the province, tax authorities, statistical authorities and police
authorities of the province where the representative office is located, and the
Ministry of Public Security and the Ministry of National Defense if the
representative office was established according to Clause 8 Article 26 of this
Decree.”.
d) Amendments to Clause 8 of Article 33:
“8. Within 07 working days from the date of
granting approval for shutdown of the representative office and revoking the
license, the licensing authority shall send a notification of the shutdown of
the representative office to the Ministry of Industry and Trade, the People's
Committee of the province, tax authorities, statistical authorities and police
authorities of the province where the representative office is located, and the
Ministry of Public Security and the Ministry of National Defense if the
representative office was established according to Clause 8 Article 26 of this
Decree.”.
6. Amendments to Point b clause 1, Clause 4 and
Clause 5 of Article 34:
a) Amendments to Point b Clause 1:
“b) Take charge and cooperate with Ministries,
ministerial authorities, relevant authorities, provincial People's Committees
in organizing implementation and inspecting the national trade promotion
program and national brand program, and performing state management of the
Vietnam-based foreign trade promotion organizations; and inspect the state
management of the Departments of Industry and Trade regarding operations of
representative offices of Vietnam-based foreign trade promotion organizations;
Send copies of all approved applications for issuance, amendments, reissuance,
and extension of representative office establishment licenses to the
Departments of Industry and Trade of provinces or central-affiliated cities
where the Vietnam-based foreign trade promotion organizations have their
representative offices located;".
b) Amendments to Clause 4:
“4. Ministries and ministerial authorities shall,
within their power, take charge and cooperate with provincial People’s
Committees, related agencies and organizations in executing Vietnamese industry
brand development programs and cooperate with the Ministry of Industry and
Trade and the Provincial People’s Committees in managing operations of
representative offices of Vietnam-based foreign trade promotion
organizations.”.
c) Amendments to Clause 5:
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a) provide guidelines, take charge and carry out
their foreign trade promotion activities in accordance with regulations of this
Decree;
b) be responsible for state management and
inspection of operations of representative offices of foreign trade promotion
organizations in their provinces;
c) The Departments of Industry and Trade shall
assist the Provincial People’s Committees in complying with management
requirements specified in Point b of this Clause and report results to the
Provincial People’s Committees and the Ministry of Industry and Trade before
February 28 of every year using Form No. 09 in the Appendix enclosed
herewith."
Article 2. Addition, replacement and annulment
of certain regulations of Decree No. 28/2018/ND-CP dated March 01, 2018 of the
Government of Vietnam elaborating the Law on foreign trade management regarding
some measures for foreign trade development
1. Replacement of some phrases in the following
Articles, Clauses and Points:
a) The phrase “Đường bưu điện” (“by post”) is replaced
with the phrase “dịch vụ bưu chính” (by postal services") as prescribed in
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;
b) The phrase “30 ngày làm việc” ("30 working
days") is replaced with the phrase “30 ngày” (“30 days”) as prescribe in
Clause 2 of Article 27;
c) The phrase “10 ngày làm việc” ("10 working
days") is replaced with the phrase “14 ngày” (“14 days”) as prescribe in
Clause 5 of Article 27 and Clause 4 of Article 29.
2. Addition and replacement of some Forms in the
Appendix:
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b) Replacement of Forms from Form No. 01 to Form
No. 08.
3. Annulment of Point h Clause 2 of Article 26,
Point d Clause 3 of Article 27 and Point e Clause 1 of Article 33.
Article 3. Implementation clauses
1. This Decree comes into force as of March 25,
2024.
2. The documents that are submitted when carrying
out administrative procedures before the date on which this Decree comes into
force shall be processed according to Decree No. 28/2018/ND-CP dated March 01,
2018 of the Government of Vietnam elaborating the Law on foreign trade
regarding certain measures for foreign trade development.
ON BEHALF OF
GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai