Extension of Licenses for Establishment of Representative Offices in Viet Nam 2022

Every foreign trader other than those prescribed in Article 44 of the Degree No. 17/2016/NĐ-CP shall be eligible for the grant of extension of the license or establishment of the representative office;

I. Applications for extension of Licenses for Establishment of representative offices

1. An application for extension of the License for Establishment shall include:

a) An application form for extension of 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) Copies of the Certificate of Business registration or equivalent documents of the foreign trader;

c) Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign trader issued or certified by competent authorities where such foreign trader is established;

d) Copies of the existing License for Establishment of the branch or representative office

2. Documents specified in point b, clause 1 shall be translated into Vietnamese and certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam. Documents specified in point c, clause 1 shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.

II. Procedures for extension of Licenses for Establishment of representative offices

1. At least 30 days prior to the expiry of the license, the applicant shall apply for extension of the License for Establishment of the 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. Within 05 working days from the date of receipt of the valid application, the licensing agency shall grant an extension of the license or establishment of the representative office to the applicant. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

5. With respect to applications for extension of the License for Establishment 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 extension of the License for Establishment of the branch or 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 extension is granted 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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