THE GOVERNMENT
——-

THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
—————

No. 120/2011/ND-CP

Hanoi, December 16, 2011

DECREE

AMENDING AND SUPPLEMENTING ADMINISTRATIVE PROCEDURES PROVIDED IN A NUMBER OF DECREES DETAILING THE COMMERCIAL LAW

THE GOVERNMENT

Pursuant to the December 25, 2011 Law on Organization of the Government;
At the proposal of the Minister of Industry and Trade,

DECREES:

Article 1. To add the following Clause 14 to Article 3 of the Government’s Decree No.158/2006/ND-CP of December 28, 2006, detailing the Commercial Law regarding goods purchase and sale through goods exchanges:
“14. Copies are:
a/ Certified copies (for dossiers sent by post or through the official correspondence channel);
b/ Photocopies enclosed with the originals for comparison (for directly submitted dossiers);
c/ Copies scanned from the originals (if administrative procedures allow dossiers to be submitted electronically).”
Article 2. To amend and supplement a number of articles of the Government’s Decree No.72/2006/ND-CP of July 25, 2006, detailing the implementation of the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders
1. To add the following Article 3a below Article 3
“Article 3a. Interpretation of terms
Copies of documents in dossiers of application for grant or re-grant of representative office or branch establishment licenses means:
a/ Certified copies (for dossiers sent by post or through the official correspondence channel);
b/ Photocopies enclosed with the originals for comparison (for directly submitted dossiers);
c/ Copies scanned from the originals (if administrative procedures allow dossiers to be submitted electronically).”
2. To amend Point b, Clause 1; Point c, Clause 2; and Clause 3 of Article 5 as follows:
a/ The phrase “Copy of the foreign trader’s business registration certificate
or a paper of equivalent value certified by a competent authority of the locality where the foreign trader has been established or made its business registration” is replaced with the phrase “Copy of the foreign trader’s business registration certificate or a paper of equivalent value which is consulary legalized under Vietnamese law”;
b/ To amend the phrase “Documents specified at Points b and c, Clause 1; Points b, c and d, Clause 2 of this Article” into “Documents specified at Point c, Clause 1; Points b and d, Clause 2 of this Article”.
3. To add the following provisions on to-be-submitted dossiers to Articles 5, 10, 12 and 14:
“The number of dossier sets to be submitted is one (01) set.”
Article 3. To amend and supplement a number of articles of the Government’s Decree No.35/2006/ND-CP of March 31, 2006, detailing the Commercial Law on commercial franchising
1. To amend Clause 4, Article 4 as follows:
“4. Provincial-level People’s Committees shall:
a/ Perform the state management of domestic commercial franchising in their localities;
b/ Direct provincial-level Industry and Trade Departments in periodically reporting to the Ministry of Industry and Trade on commercial franchising in their respective localities.”
2. To add the following Article 17a below Article 17:
“Article 17a. Cases in which registration of commercial franchising is not required
1. In the following cases, registration of commercial franchising is not required
a/ Domestic commercial franchising;
b/ Vietnam-to-overseas commercial franchising.
2. Cases in which registration of commercial franchising is not required must be reported to provincial-level Industry and Trade Departments.”
3. To annul Point b, Clause 1, and Clause 2, Article 18
4. To amend Clause 4, Article 19 as follows:
“4. Documents specified in Clauses 2 and 3 of this Article must be consularly legalized under Vietnamese law.”
Article 4. To annul a number of articles and clauses of the Government’s Decree No.20/2006/ND-CP of February 20, 2006, detailing the Commercial Law regarding the provision of commercial assessment services
1. To annul Points b and d, Clause 1, Article 4; Clauses 2, 3 and 4, Article
8; Article 9; Articles 10, 11 and 12; Point d, Clause 1, Article 19; and Article 22 of Decree No. 20/2006/ND-CP.
2. To amend Clause 3, Article 4 as follows:
“3. Provincial-level People’s Committees of localities in which traders have made their business registration shall, within their powers, perform the state management of commercial assessment services.”
Article 5. Effect
This Decree takes effect on February 1, 2012.
Article 6. Organization of implementation
Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-
 

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THE GOVERNMENT
——-

THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
—————

No. 119/2011/ND-CP

Hanoi, December 16, 2011

DECREE

AMENDING AND SUPPLEMENTING ADMINISTRATIVE PROCEDURES PROVIDED IN THE GOVERNMENT’S DECREE NO.116/2005/ND-CP OF SEPTEMBER 15, 2005, DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON COMPETITION

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on Competition; At the proposal of the Minister of Industry and Trade; DECREES:
Article 1. To amend and supplement a number of articles of the Government’s Decree No.116/2005/ND-CP of November 15, 2005, detailing the implementation of a number of articles of the Law on Competition
1. To amend and supplement Article 38 as follows:
“Article 38. Notification and replies to notification of economic concentration”
1. Dossiers for notification of economic concentration of enterprises joining the economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises.
2. Replies to economic concentration notifications shall be issued in writing.
3. The competition-managing agency’s written replies to economic concentration notifications must be addressed to the following subjects:
a/ The business registration agency and other agencies competent to permit merger, consolidation, acquisition or joint venture under law;
b/ Lawful representatives of the parties to economic concentration;
c/ Parties to economic concentration.”
2. To amend Clause 1, Article 40 as follows:
“1. Explanatory reports on the satisfaction of conditions for exemption must be made by enterprises themselves and these enterprises shall be responsible for contents of their reports.”
3. To add the following Clauses 3 and 4 to Article 40:
“3. Explanatory reports of the parties intended to enter into agreements on competition restraint or economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises.
4. In the course of evaluation of explanatory reports on the satisfaction of conditions for exemption, competition-managing agencies may consult science and technology institutions and research and development institutions.”
4. To amend Point i, Clause 1, Article 45 as follows:
“i) Signature or fingerprint of the complainant, for individual complainants; signature and seal of the lawful representative of the complainant, for institutional complainants (applicable to dossiers not submitted electronically)
5. To add the following Clause 3 to Article 45:
“3. Complainants may submit complaint dossiers directly or electronically
in the form of copies (copies scanned from the originals or text files)
bearing lawful e-signatures of lawful representatives of the enterprises. The complainants are responsible for contents of the dossiers.”
Article 2. Effect
This Decree takes effect on February 1, 2012.
Article 3. Implementation responsibility
1. The Minister of Industry and Trade shall organize the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-
 

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