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Adjustments to Licenses for Establishment of Representative Offices in Viet Nam 2022

June 18, 2022 | Legal Updates

Adjustments to Licenses for Establishment of representative offices in Viet Nam 2022

Cases of adjustments to Licenses for Establishment of branches or representative offices

Foreign traders have to apply for adjustments to Licenses for Establishment representative offices in the following cases:

1. Changes in the name or location of the head office of a foreign trader.

2. Replacement of the head of the representative office.

3. Changes in the name of the representative office.

4. Changes in the operations of representative offices

5. Change in the location of the representative office.

Applications for adjustments to Licenses for Establishment of representative offices

1. An application for adjustments to the License for Establishment shall include:

a) An application form for adjustments to the License for Establishment of the representative office using the form promulgated by the Ministry of Industry and signed by a competent representative of the foreign trader.

b) Documents as proof of adjustments. To be specified :

- Copies of legal documents as proof of changes in the name or location of the head office of a foreign trader released by competent authorities.

- A letter of appointment of the new head of the representative office; copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the new head of the representative office; proof of fulfillment of personal income tax liabilities of the former head of the representative office at the time of changes.

- Copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office; copies of documents on the expected locations of the representative office.

c) The original License for Establishment of the representative office.

 Procedures for adjustments to Licenses for Establishment of representative offices

1. Within 60 days from the date of changes in items specified in Article 15 of the Degree 07/2016/ND-CP, the foreign trader shall apply for adjustments to the License for Establishment of their representative office;

2. The foreign trader shall submit their application to the licensing agency where the representative office is expected to be located directly or by post or online (where applicable).

3. Within 03 working days from the date of receipt of the application, the licensing agency shall examine such application and request the applicant to complete the application (if the application is incomplete). The request for supplementation to the application shall be made only once during the processing of the application.

4. Apart from those specified in clause 5 below, within 05 working days from the date of receipt of the valid application, the licensing agency shall send the applicant a written notification of whether the adjustments to the license or establishment of the representative office are approved or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

5. In case of adjustments to the operations of representative offices resulting in the cases specified in clause 5, Article 7 and clause 5, Article 8 hereof for representative offices respectively, and in case of adjustments to the operations of representative offices that have yet to be governed by specialized legislative documents, the licensing agency shall submit a written request for directions to the relevant Ministry within 03 working days from the date of receipt of the valid application. Within 05 working days from the date of receipt of the request for directions from the licensing agency, the relevant Ministry shall submit the licensing agency a written notification of whether they approve for the application for adjustments to the License for Establishment of the representative office. Within 05 working days from the date of receipt of the notification from the relevant Ministry, the licensing agency shall send the applicant a written notice of whether the adjustments for the License for Establishment of the representative office is approved or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

 

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