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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.06/2005/ND-CP
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Hanoi, January 19, 2005
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DECREE
ON THE ESTABLISHMENT AND OPERATION OF
REPRESENTATIVE OFFICES OF FOREIGN COOPERATION AND RESEARCH ORGANIZATIONS IN
VIETNAM
THE
GOVERNMENT
Pursuant
to the Law on Organization of the Government dated December 25, 2001;
At the proposal of the Minister of Foreign Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. This Decree prescribes the
establishment and operation of representative offices of foreign cooperation
and research organizations in Vietnam (hereinafter called representative
offices)
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Article 2. Foreign cooperation and
research organizations prescribed in this Decree are units under ministries,
branches or local administrations of foreign countries, which carry out
non-profit activities in Vietnam in order to support cooperation, manage
programs and projects, and conduct research into the domains of science,
technology, natural resources and environment, health and social affairs
(hereinafter called foreign organizations) with partners being Vietnamese
ministries, branches provincial/municipal People’s Committees (hereinafter
called Vietnam managing agencies).
Article 3. Representative offices shall
represent foreign organizations in relations with the Vietnamese Government’s
agencies, in promoting the formulation, urging and supervising the execution of
Vietnam-based foreign organizations’ cooperation projects and programs on
professional domains. A foreign organization may set up one or more
representative offices in Vietnam.
Article 4. Representative offices may
operate only after they are granted permits by the Ministry of Foreign Affairs
of Vietnam.
Chapter II
CONDITIONS AND PROCEDURES
FOR GRANTING, AMENDING, EXTENDING AND WITHDRAWING PERMITS FOR SITTING UP
REPRESENTATIVE OFFICES
Article 5. Foreign organizations shall be
granted permits for setting up representative offices when they fully meet the
following conditions:
1. Having charters and clear operation
principles and purposes, which are in line with Vietnamese managing agencies’
cooperation and research domains.
2. Having 5-year or longer-term cooperation or
research programs and/or projects in Vietnam, which are approved by Vietnamese
competent agencies.
3. Having the legal person status under laws of
the countries where foreign organizations are headquartered.
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Article 6. A dossier of application for
setting up a representative office in Vietnam consists of:
1. The written request for setting up the
foreign organization’s representative office in Vietnam with the following
principal contents:
a) The name of the foreign organization, the
location of its headquarters, the name of the managing ministry, branch or
local administration;
b) The brief development history, functions and
tasks of the foreign organization, cooperation activities which have been being
carried out in other countries in the region and the world;
c) Five-year or longer-term operation programs,
projects and plans in Vietnam;
d) Reasons for setting up the representative
office, the location of its representative in Vietnam, expected number of
foreigners and Vietnamese working at the representative office;
e) The commitment to observe Vietnamese law by
the representative office and its staff, not to carry out profit-generating or
other activities outside the cooperation programs or projects already approved
by Vietnamese managing agencies.
2. The operation charter or regulation of the
foreign organization.
3. The document(s) of foreign managing ministry,
branch or local administration, permitting the foreign organization to set up
its representative office in Vietnam, the written certification of the foreign
organization’s legal persons status, issued by the competent agency of the
country where the foreign organization is headquartered.
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5. Resume of the person expected to be appointed
the head of the representative office and letter of recommendation or
appointment decision for the head of the representative office in Vietnam, made
by the head of the ministry, branch or local administration managing the
foreign organization.
Article 7. Foreign organizations that
apply for the setting up of representative offices must each submit 3 sets of
dossier to the Ministry of Foreign Affairs. Within 30 days after receiving the
complete and valid dossiers, the Ministry of Foreign Affairs shall consider
granting or refuse to grant permits for setting up representative offices
(hereinafter called permits) to foreign organizations. In case of refusal to
grant permits, the Ministry of Foreign Affairs shall reply foreign
organizations in writing.
The Ministry of Foreign Affairs shall detail the
contents of permits for setting up foreign organizations’ representative
offices in Vietnam.
Article 8. The permit-granting order
shall be as follows:
1. The Ministry of Foreign Affairs shall send
official dispatches enclosed with dossiers of application for setting up
foreign organizations’ representative offices to Vietnamese managing agencies
and relevant agencies for comments. Within 15 days after receiving such
official dispatches, the commenting agencies must reply the Ministry of Foreign
Affairs in writing.
2. The Ministry of Foreign Affairs shall consider
the grant of permits to representative offices after consulting the concerned
ministries and agencies. In case of divergent opinions, the Ministry of Foreign
Affairs shall submit such to the Prime Minister for consideration and decision.
3. When granting permits to representative
offices, the Ministry of Foreign Affairs shall have to notify managing
agencies, concerned ministries and agencies, and People’s Committees of the
provinces or cities where the representative offices are headquartered for performance
of the function of State management over the operation of the representative
offices.
Article 9. Permits’ duration shall be
prescribed on the basis of foreign organizations’ proposals, which, however,
shall not be longer than the operation duration of cooperation or research
programs or projects of foreign organizations in Vietnam. If wishing to extend
the permits, foreign organizations shall send applications therefor to the
Ministry of Foreign Affairs at least 30 days before the permits expire.
Article 10. When wishing to amend and/or
supplement the contents of the granted permits, foreign organizations must send
written requests to the Ministry of Foreign Affairs. The Ministry of Foreign
Affairs should consult Vietnamese managing agencies and the People’s Committees
of the provinces or cities where representative offices are headquartered. If
approving the amendment or supplementation, the Ministry of Foreign Affairs
shall inscribe the amended/supplemented contents in the granted permits or
grant new permits to the representative offices. If disapproving the amendment
or supplementation, the Ministry of Foreign Affairs shall notify the
representative offices thereof in writing. The amendment and supplementation of
permits mentioned in this Article shall be made within 30 days after the
Ministry of Foreign Affairs receives the written requests of foreign
organizations.
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Article 12. Within 90 days after being
notified to terminate their operation, the representative offices must complete
all procedures related to debts, taxes, wages, social insurance regime, house
rentals and other financial obligations (if any), liquidate assets and
contracts return the permits, destroy seals and send written reports to the
Ministry of Foreign Affairs and Vietnamese managing agencies. In cases where it
is so approved by the Ministry of Foreign Affairs and Vietnamese managing
agencies, this duration may be extended but shall not exceed one year.
Chapter III
INTERESTS AND OBLIGATIONS OF
REPRESENTATIVE OFFICES
Article 13. Interests
1. Interests of representative offices:
a) After being granted permits, representative
offices may rent working office, dwelling houses and recruit employees
according to relevant provisions of Vietnamese law;
b) Representative offices shall be protected
under Vietnamese law and may open exclusive expenditure accounts (in foreign
currencies or Vietnam dong of foreign-currency origin);
c) The use of seals by representative offices
shall comply with Vietnam’s current law provisions on management and use of
seals;
d) Equipment and cars necessary for operation of
representative offices shall be exempt from import tax according to Vietnam’s
current law provisions.
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Article 14. Obligations and
responsibilities
1. Operation of representative offices in
Vietnam must strictly comply with the operation contents and scope prescribed
in the granted permits.
2. Representative offices’ heads shall be
answerable for all activities of the representative offices and foreign
organizations in Vietnam, have to send biannual and annual written reports to
the Ministry of Foreign Affairs and Vietnamese managing agencies on the
operation of their organizations in Vietnam, and at the same time have to report
on, provide documents, or explain issues related to the operation of their
organizations to the Ministry of Foreign Affairs and Vietnamese managing
agencies when so requested,
3. Foreign employees of representative offices:
a) To strictly follow the purposes of their
entry into Vietnam, not to conduct profit-generating activities or any other
activities, which are irrelevant to the execution of programs or projects
approved by Vietnamese competent agencies or which are not prescribed in the
permits;
b) Not to conduct other professional or
technical activities if such is not approved in writing by Vietnamese managing
agencies;
c) To strictly observe Vietnamese law and
respect Vietnamese customs and practices. All acts of violating Vietnamese law
by representative offices’ employees shall be handled according to the
provisions of Vietnamese law.
Chapter IV
STATE MANAGEMENT
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Article 16. Vietnamese managing agencies
shall have to monitor, urge and inspect the operation of representative offices
and send annual reports to the Ministry of Foreign Affairs on operation of
foreign organizations’ representative offices in the domains under their
respective management. The Ministry of Foreign Affairs shall have to synthesize
and report to the Prime Minister on the operation of foreign organizations’ representative
offices in Vietnam.
Article 17. The People’s Committees of
the provinces or centrally-run cities where representative offices are
headquartered shall have to manage the operation of representative offices
according to their respective Sate management functions and competence.
Chapter v
IMPLEMENTATION PROVISIONS
Article 18. On the basis of provisions of
this Decree, Vietnamese managing agencies shall sign a written agreement with
each foreign organization that wishes to set p its representative office(s) in
Vietnam in order to detail cooperation contents, scope, powers and
responsibilities of the foreign organization’s representative office(s), the
number of foreign employees working for the representative office(s), the
specific quantity of equipment and cars for the representative office(s), and
foreign employees’ personal belongings permitted for tax-free temporary import
for re-export, suitable to situation and particularities of the operation of
the foreign organization in Vietnam. Before signing agreements, Vietnamese
managing agencies shall have to consult the Ministry of Foreign Affairs as well
as concerned ministries, branches and provincial/municipal People’s Committees.
Article 19. Foreign organizations which
have been permitted by the Vietnamese Government to set up their representative
offices before this Decree takes effect may continue with the operation thereof
under the granted permits but have to supplement and finalize the dossiers,
based on the provisions of this Decree, within 60 days after the effective date
of this Decree.
Article 20. This Decree takes effect 15
days after its publication in the Official Gazette. The Ministry of Foreign
Affairs shall have to guide the implementation of this Decree.
Article 21. The ministers, the heads of
the ministerial-level agencies, the heads of the Government-attached agencies
and the presidents of the provincial/municipal People’s Committees shall have
to implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Phan Van Khai