Replacement and annulment of certain provisions of certain Circulars in the field of commerce in Vietnam

Replacement and annulment of certain provisions of certain Circulars in the field of commerce in Vietnam

The regulations on replacement and annulment of certain provisions of certain Circulars in the field of commerce in Vietnam are as follows:

(1) Replace and annul certain provisions of Circular 09/2006/TT-BTM dated May 25, 2006 guiding the commercial franchising registration:

-  Phrases showing names of agencies and units prescribed in Circular 09/2006/TT-BTM are replaced as follows:

= The phrase “Bộ Thương mại" ("Ministry of Trade") prescribed in the entire Circular is replaced with the phrase "Bộ Công Thương" (“Ministry of Industry and Trade").

= The phrase “Vụ Kế hoạch và đầu tư” (“Department of Planning and Investment”) prescribed in Section 1 Part V, Form S1, Form TB-2A, Form TB-3A, Form TB-4A, and Form TB-6A is replaced with the phrase “Vụ Kế hoạch - Tài chính” (“Planning and Finance Department”).

= The phrase “Vụ Thương mại điện tử" ("E-commerce Department") prescribed in Section 3 of Part V is replaced with the phrase "Cục Thương mại điện tử và Kinh tế số" (“Vietnam E-commerce and Digital Economy Agency ").

- The following regulations of Circular 09/2006/TT-BTM are annulled: Section 2 Part I; Clause d Section 3 part I; Section 3, Sections 7 and 8 Part II; Regulations on codes of provinces in Clause c Section 6 Part II; Appendix I; Form MD-2, Form S2, Form TB-1B, Form TB-2B, Form TB-3B, Form TB-4B, Form TB-6B and Form TB-6C in Appendix II.

(2) Replace and annul certain provisions of Circular 34/2013/TT-BCT dated December 24, 2013 publicizing roadmaps for goods trading and goods trading directly related activities of foreign-invested enterprises in Vietnam:

- The phrase “doanh nghiệp có vốn đầu tư nước ngoài” (“foreign-invested enterprises”) prescribed in the entire Circular is replaced with the phrase “nhà cung cấp dịch vụ nước ngoài” (“foreign service providers”).

- Clause 2 Article 3 is annulled.

(3) Replace and annul certain provisions of Circular 11/2016/TT-BCT dated July 5, 2016 on forms prescribed in Decree 07/2016/ND-CP of the Government on guildelines for the Law on commerce 2005 in terms of representative offices and branches of foreign traders in Vietnam:

-The phrase “Vụ Kế hoạch” (“Department of Planning”) prescribed in clauses 1, 3 and 5 Article 4 and clause 3 of Article 5 is replaced with the phrase “Vụ Kế hoạch - Tài chính” (“Planning and Finance Department”).

- Table 1 showing codes of provinces and central-affiliated cities prescribed in the Appendix of Circular 11/2016/TT-BCT is annulled.

More details can be found in Circular 03/2024/TT-BCT, taking effect on March 18, 2024.

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