2114533009: Phạm Cẩm Huyền

2114533014: Dương Hồ Bảo Ngọc

2114533017: Nguyễn Thị Hương Quỳnh

2114533018: Nguyễn Trần Ánh Sa

2114533020: Bùi Thị Tuyết

2114533021: Nguyễn Thanh Xuân

Street vendor: no, fail to register for business.

FTU2: no, just an education service, set up by the government.

RMIT: no, register for the Ministry of Education, not the Investment and planning.

CEO, chairman: no, not make a decision independently and the CEO works for the company, not for themselves. But if the CEO is also the owner of the company, so CEO is the trader.

Branch: Art 44.1 Law on enterprise, Branch is a dependent unit of a company – cannot satisfy the condition of working independently but under the control of the parent company.

FPT: Yes, A trader, all kinds or company in VN is a trader.

Vinamilk agents: Yes, according to Atr 166, Law on Commerce, the agent owns it name, sales or purchases goods for the principal, so they work independently, on behalf of the company.

→ No

Article 6: Law on commerce 2005

They do not have a business registration

2. Foreign Trade University

→ Yes

→ They satisfy all the criterias of being a trader

3. RMIT in Vietnam

→ No

Art 3.7 Law on commerce 2005: Vietnam-based branch of a foreign trader means a dependent unit of the foreign trader, which is established and conducts commercial activities in Vietnam under the provisions of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party

It does not conduct commercial activities independently, it is just a contracting party.

4. CEO, Chairman

→  No

→  Because, they are just staffs that work for an economic organization → They do not conduct commercial activities regularly 

5. Branch

→ No

→ They do not conduct commercial activities independently;

6. FPT 

→ Yes

→ They satisfy all the criterias of being a trader

7. Vinamilk Agency 

→ Yes

Because they do not need to have business registrations (Art 79.2 Decree 01/2021/NĐ-CP)

2. FTU - FTU is a trader, education service provision

3. RMIT Vietnam - Not a trader because it is a branch of The Royal Melbourne Institute of Technology is a public research university in Melbourne, Australia

→ Commercial activities are NOT conducted independently

4. CEO - Not a trader because they work on behalf of the company 

5. Branch - Not a trader because it is the dependent unit of the legal entity, working on behalf of the legal entity (Art 44 Law on Enterprise 2020);

Art.44 Branches, representative offices and business locations of an enterprise

1. A branch of an enterprise is its dependent unit which has some or all functions of the

enterprise, including authorized representatives. The business lines of a branch shall match

those of the enterprise

→ Commercial activities are NOT conducted independently

6. FPT - Trader

Commercial activities: tech, telecommunication, education

Regular and independent commercial activities

Have business registration: No. 0101248141

7. Vinamilk agents (đại lý) → Trader

• Necessary 

  • Conduct commercial activities

    • Yes, it’s for profit

  • Regular commercial activities

    • Open and sell everyday

  • Independent commercial activities

    • Yes, they don’t have to rely on other entities and work for themselves.

• Sufficient

  • Have business registration

    • Yes, agent have to have business registration because it is excluded from the list of not having to have business registration follows Point 3 Chapter I Decree number: 39/2007/NĐ-CP

• FTU: No --> FTU2  is  set up  by the government, not an economic org, and does not register for the investment and planning department

• RMIT: No --> RMIT is not an economic org and does not register for the investment and planning department

• CEO, Chairman --> if he/she depends on the company to make decisions, do not conduct independent manner ==> Not a trader; but if he/she owns the company --> their company is the trader, he/she is not a trader

• BRANCH: No, the branch is a part of the company and depends on the mother company to operate

• FPT: Yes, satisfy all conditions to be traders

• Vinamilk agent: Yes, this is an independent unit and satisfies all conditions to be trader

Trà - 2012256023

1- Street vendor: No

• They regularly do not have registration

2- FTU2: No

• The main purpose of FTU: educate & train people

• It’s built by the government

• Article 6 Commercial Law: only 2 parties become the trader: economic organization and individual. FTU is not an economic org or an individual

3- RMIT: No

• They register for the Ministry of education not the investment and planning

4- CEO, chairman

• They make decision dependently

• Work on behalf of the company, don’t register for commercial activities themselves

5- Branch: No

• Branch is a dependent unit of a company (according to Article 44, Law on Enterprise) → It works under the control of the parent company → Do not work independently

6- FPT: Yes, all kinds of company in Vietnam is a trader

7- Agent: Yes

• According to Article 166, Law on Commerce, Commercial agency means a commercial activity whereby the principal and the agent agree that the agent, in its own name, sells or purchases goods for the principal or provides services of the principal to customers for remuneration. 

→ The Agency conducts commercial activities independently, regularly and has registration

2. FTU: No, not an economic orgranizations.

3. RMIT in VN: No because is it Vietnam-based branch of a foreign trader

   --> According to Art 3.7 Law on Commerce, means a dependent unit of the foreign trader, which is established and conducts commercial activities in Vietnam under the provisions of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party

   
   

4. CEO/ Chairman:

   No, because they do not conduct commercial activities independently, but on behalf of the company

5. Branch:

   No, according to Art 44.1 Law on Enterprise:

   --> A branch is a dependent unit of an enterprise with the task of performing all or some of the functions of the enterprise, including the function of authorized representative. The lines of business of the branch must be consistent with the lines of business of the enterprise.

6. FPT: Yes

7. Vinamilk agent: Trader

   --> According to Art 167.2, Law on commerce: Agents are traders that receive goods to act as sale agents or receive money to act as purchase agents or accept the authorization to provide services.

   
   

   Lê Thu Hằng

   Nguyễn Tùng Gia Khang

   Trương Nguyễn Minh Khoa

   Trần Thị Ngọc Hải

   Trần Việt Thảo Vy

   
   

   
   

No

- Fail to register for business

2- FTU2 → Not economic organization (Đơn vị sự nghiệp nhà nước)

No

Only 2 parties can become the trader: individual, economic org. fTU2 is just an educational service, set up by the government, the main purpose: educate & train people. During the operation, they may have profits but it is not the main purpose.

3- RMIT → Tương tự FTU2

Not a trader; they do business, generate profit, do it regularly but register for the ministry of education not the investment and planning.

4- CEO, chairman: No → CEO and the company is not separated here

Not make a decision independently

Work for the company, don’t register for commercial activities themselves

BUT if the CEO is chủ công ty luôn → trader 

5- Branch

Article 44.1 Law on enterprise

Branch is a dependent unit of a company (according to the law) → cannot satisfy the condition of working independently, under the control of the parent company

6- FPT

A trader, all kinds of a company in VN is a trader.

7- Vinamilk agents: Yes

Under Law on Commerce (Article 166) → The definition of commercial agent