Closing Representative Offices in Viet Nam 2022
A representative office shall be shut down if:
1. It is requested by its head office;
2. The foreign trader ceases to operate according to laws of the country or territory in which such foreign trader is established or registered.
3. The License for Establishment of the representative office is expired but its head office does not apply for extension of the license.
4. The licensing agency refuses to grant an extension of the expired License for Establishment of the representative office.
5. The License for Establishment of the representative office is revoked as prescribed in Article 44 of Decree 17/2016/ND-CP.
6. The foreign trader or its representative office no longer satisfies one of the requirements stipulated in Articles 7 and 8 of Decree 17/2016/ND-CP.
An application for shutdown of a representative office shall include:
1. A notification of shutdown of the representative office using the form issued by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader, excluding cases specified in clause 5, Article 35 of Decree 17/2016/ND-CP.
2. Copies of written refusals of grant of extension of the license or establishment of the representative office or a copy of the decision on revocation of the license for establishment of the representative office released by the licensing agency;
3. Lists of creditors and the amount of debts, including outstanding taxes and social insurance premiums;
4. Lists of employees and their current benefits;
5. The original License for Establishment of the representative office.
The head of the closed representative office and their head office shall be responsible for the reliability and accuracy of their application for shutdown of the representative office. Where the representative office shuts down to relocate to another province or territory within the administration of another Management Board, the application for shutdown shall only include documents specified in points a and dd clause 1 hereof.
Procedures for processing of applications for shutdown of representative offices
1. The foreign trader shall submit the applications for shutdown of their representative office to the licensing agency directly or by post or only (where applicable).
2. 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.
3. Within 05 working days from the date of receipt of the valid application, the licensing agency shall publish the decision on shutdown of the representative office on their portal.
Obligations resulting from shutdown of representative offices
1. In addition to the execution of procedures for shutdown of representative offices stipulated in Articles 36 and 37 of Decree 17/2016/ND-CP, the representative office shall publicly put up the notice of the shutdown at their office and fulfill other involving obligations under provisions of laws.
2. Every foreign trader having closed representative offices shall fulfill obligations to contracts and debt settlement including outstanding taxes and settlement of legal benefits of employees working for such representative offices in compliance with provisions of laws.
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