What are the conditions for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
- What are the conditions for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
- What are the order and procedures for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
- What are the regulations on the order and procedure for amendments and re-issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
What are the conditions for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
Pursuant to the provisions of Article 14 of Decree 58/2022/ND-CP, the foreign non-governmental organization will be issued the representative office registration certificate if it meets the following conditions:
(1) Have the legal person status under the law of the country or territory in which it is established.
(2) Have clear operation charters, guidelines and purposes in conformity with Vietnam's interests and needs.
(3) Have commitment to long-term operation in Vietnam and detailed statistics on programs and projects that will be implemented in Vietnam within at least 5 years in one or more areas where the scale and nature of such programs or projects require regular, on-site operation and supervision.
(4) Have proposal for the Head of Representative Office in Vietnam.
What are the conditions for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
What are the order and procedures for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
Pursuant to the provisions of Article 15 of Decree 58/2022/ND-CP stipulating the order and procedures for issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam specifically as follows:
- The foreign non-governmental organization shall submit 01 application for issuance of the representative office registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs.
- Within 02 working days, the Committee for foreign non-governmental organization affairs shall inspect the composition of the application of the foreign non-governmental organization according to regulations of Clause 1 of this Article and request the foreign non-governmental organization to add the application (if necessary).
- After receipt of the application of the foreign non-governmental organizations according to regulations of Clause 1 of this Article, within 2 working days, the Committee for foreign non-governmental organization affairs shall send the documents for the purpose of collection of opinions to the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry of Finance, State Bank of Vietnam, ministries and ministerial-level agencies specialized in state management in the sectors that the foreign non-governmental organization registers its operation, the People's Committees of provinces where the foreign non-governmental organization registers its operation and the headquarter of Representative Office is located, and the agencies that approve the receipt of aid from the foreign non-governmental organizations.
- Within 10 working days from the date of receipt of the documents from the Committee for foreign non-governmental organization affairs, the agencies subject to collection of opinions shall reply in writing.
- Within 02 working days from the date of receipt of all opinions from the agencies, the Committee for foreign non-governmental organization affairs shall transfer the application of the foreign non-governmental organizations specified in Clause 1 of this Article and opinions of relevant agencies to the Ministry of Foreign Affairs for appraisal.
- Within 10 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article and the opinions of relevant agencies, the Ministry of Foreign Affairs shall appraise the application, decide to issue or fail to issue the representative office registration certificate and notify the results to the Committee for foreign non-governmental organization affairs.
- Within 30 working days from the date of receipt of the valid application of the foreign non-governmental organization, the Committee for foreign non-governmental organization affairs shall transfer the representative office registration certificate to the foreign non-governmental organization by post or in person. If the application is not approved, the Committee for foreign non-governmental organization affairs shall notify in writing to clearly state the reasons.
What are the regulations on the order and procedure for amendments and re-issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?
Article 17 of Decree 58/2022/ND-CP provides for the order and procedure for amendments and re-issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam as follows:
(1) The foreign non-governmental organization shall submit 01 application for amendments and re-issuance of the representative office registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:
- 01 application for amendments and re-issuance according to form No. 03b specified in the Appendix to this Decree. In which, the contents subject to amendments and the reasons for such re-issuance (the lost, damaged or rumpled certificate) shall be clearly stated.
- 01 original copy of the representative office registration certificate in case of request for amendments or re-issuance of the certificate due to the damaged or rumpled certificate. 01 copy of the representative office registration certificate in case of request for re-issuance due to loss of the original copy of certificate
- Documents relevant to the contents subject to amendments and re-issuance.
(2) Within 02 working days, the Committee for foreign non-governmental organization affairs shall inspect the composition of the application of the foreign non-governmental organization and request the foreign non-governmental organization to add the application (if necessary). In case of request for re-issuance of the representative office registration certificate, the Committee for foreign non-governmental organization affairs shall check the contents of the application of the foreign non-governmental organization.
(3) After receipt of the application of the foreign non-governmental organizations, within 2 working days, the Committee for foreign non-governmental organization affairs shall send the documents for the purpose of collection of opinions to ministries, ministerial-level agencies, governmental agencies relevant to the contents subject amendments, the People's Committees of provinces where the foreign non-governmental organizations have registered their operations and the headquarters of representative offices are located (in case of change of the headquarters of representative offices), and agencies the approve the receipt of aid from the foreign non-governmental organizations relevant to the contents subject to amendments in the representative office registration certificate.
(4) Within 10 working days from the date of receipt of the documents from the Committee for foreign non-governmental organization affairs, the agencies subject to collection of opinions shall reply in writing.
(5) The Committee for foreign non-governmental organization affairs shall transfer the application of the foreign non-governmental organizations specified in Clause 1 of this Article and opinions of relevant agencies to the Ministry of Foreign Affairs for appraisal.
(6) Within 07 working days from the date of receipt of the application of the foreign non-governmental organization and the opinions of relevant agencies, the Ministry of Foreign Affairs shall appraise the application, decide to amend or fail to amend, decide to re-issue or fail to re-issue representative office registration certificate and notify the results to the Committee for foreign non-governmental organization affairs.
The appraisal shall be carried out in the form of synthesis of written opinions or organization of appraisal conference on the contents subject to amendments and re-issuance of the operation registration certificate.
(7) Within 25 working days from the date of receipt of the valid application of the foreign non-governmental organization, the Committee for foreign non-governmental organization affairs shall transfer the representative office registration certificate that is amended, re-issued to the foreign non-governmental organization by post or in person. If the application is not approved, the Committee for foreign non-governmental organization affairs shall notify in writing to clearly state the reasons.
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