What are regulations on order, procedure for amendments and re-issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?

What are regulations on order, procedure for amendments and re-issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam?

Pursuant to Clause 2, 3, 4, 6 and 7, Article 17 of the Decree 58/2022/NĐ-CP (takes effect from 01/11/2022) stipulating order, procedure for amendments and re-issuance of representative office registration certificate of foreign non-governmental organizations in Vietnam as follows:

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 according to regulations of Clause 1 of this Article 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 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 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 in Clause 1 of this Article 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. The representative office registration certificate shall be amended and re-issued according to Form No. 02 specified in the Appendix issued together with this Decree.

7. Within 25 working days from the date of receipt of the valid application of the foreign non-governmental organization specified in Clause 1 of this Article, 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.

When shall a foreign non-governmental organization in Vietnam be suspended from operation?

As prescribed in Clause 1, Article 18 of the Decree 58/2022/NĐ-CP (takes effect from 01/11/2022), the foreign non-governmental organizations shall be suspended from operation in the following cases:

a) Continue to operate when the registration certificate expires;

b) Fail to operate in the sectors or areas specified in the registration certificate;

c) Use or notify information on transaction account that is not the registered transaction account.

What are regulations on suspension of operations of foreign non-governmental organizations in Vietnam?

Pursuant to Clause 2, 3 and 4, Article 18 of the Decree 58/2022/NĐ-CP (takes effect from 01/11/2022) stipulating suspension of operations of foreign non-governmental organizations in Vietnam as follows:

2. If the foreign non-governmental organization commits violations against the law or at the request of the competent state agency, the Ministry of Foreign Affairs shall consider and issue a decision to suspension of the operations of the foreign non-governmental organization according to opinions of relevant state management agencies. The opinions shall be collected in the form of organization of meetings or submission of documents for the purpose of collection of opinions of relevant state management agencies. If the Ministry of Foreign Affairs collects opinions in writing, within 10 working days from the date of receipt of the documents from the Ministry of Foreign Affairs, the agencies subject to collection of opinions shall reply in writing to the Ministry of Foreign Affairs for synthesis and decision. If there are different opinions between agencies, the Ministry of Foreign Affairs will hold a meeting in order to reach consensus. The Decision on suspension of operations shall be transferred to the Committee for foreign non-governmental organization affairs for notification to the foreign non-governmental organization.

3. Within 5 working days from the date of issuance of the decision on suspension of operations, the Committee for foreign non-governmental organization affairs shall notify to the foreign non-governmental organization.

4. Within 30 working days from the date of receipt of the decision on suspension of operations, the foreign non-governmental organization shall remedy the violations mentioned in the decision on suspension of operations and notify the result of remedy to the Committee for foreign non-governmental organization affairs.

Best regards!