Re-issuance of license for establishment of representative office of foreign traders in Vietnam

Cases for implementation of the procedures:Foreign traders shall carry out the procedures for re-issuance of the License for the establishment of Representative Office in the following cases:

  • Relocation of the Representative Office from a province, municipality or geographical area under the control of an Authority to another province or municipality or a geographical area under the control of another Management Board.
  • License for the establishment of Representative Office is lost, damaged or destroyed in any form.
Execution time

30 days from the date of notice of suspension of the Representative Office located at the current location.

Over the above 30-day time limit, the foreign traders must carry out procedures for issuance of License for establishment of Representative Office according to the provisions of Articles 10 and 11 of Decree No. 07/2016/ND-CP.

Sequence
  • Step 1: Foreign traders prepare application files as requested by law and submit them to the Dossier-receiving and Result-delivering Section – Department of Industry and Trade where the Representative Office is located.
  • Step 2: Dossier-receiving and Result-delivering Section – Department of Industry and Trade receives the dossier and issues a Receipt.
  • Within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall provide a written request for amendments and supplements if the dossier is inadequate and invalid. (The dossier submitted via post is the same)
  • Step 3:  Within 05 working days from the date of receipt of a complete and valid application, the Department of Industry and Trade shall examine and re-issue the License for the establishment of Representative Office. In case of refusal, there must be a written reply clearly stating the reason.
  • Step 4: Foreign traders come to receive the results at the Dossier-receiving and Result-delivering Section – Department of Industry and Trade on the appointment date stated on the receipt or can register for the service of receiving results by post.
MethodDirectly submit to the Department of Industry and Trade or via post.
Profile composition– Profile composition shall include:

  • In case of relocation of the Representative Office from a province, municipality to another province or municipality:
  •  An application form for the re-issuance of the License for establishment of Representative Office (Form MD-1 Circular 11/2016/TT-BCT);
  • Notice of dissolution of the Representative Office to the Licensing Agency where it is currently located;
  • A copy of the granted License for establishment of Representative Office;
  • Documents on the expected place for relocation of the Representative Office
  • In case the License is lost, damaged or destroyed in any form: An application form for the re-issuance of the License for establishment of Representative Office (form MD-2 Circular 11/2016/TT-BCT);       

Quantity: 01 set.

DurationWithin 05 working days from the date of receipt of the complete and valid dossier.
Execution OfficeDepartment of Industry and Trade
ObjectsForeign traders’ Representative Offices are outside industrial zones, export processing zones, economic zones, and high-tech parks.
Fees and chargesVND 1,500,000/01 license.
ResultLicense for establishment of the Representative Office of the foreign traders in Viet Nam or a written refusal clearly stating the reason.
ConditionsNo
Legal basis
  • Decree No. 07/2016/ND-CP dated 25/01/2016 of the Government detailing regulations of Commercial Law in terms of Representative Offices or branches of foreign traders in Viet Nam;
  • Circular No.11/2016/BCT dated 05/7/2016 of the Ministry of Industry and Trade on forms for implementing Decree No. 07/2016/ND-CP dated January 25th, 2016 of the Government detailing regulations of Commercial Law in terms of Representative Offices or branches of foreign traders in Viet Nam;
  • Circular No. 143/2016/TT-BTC dated 26/09/2016 of the Ministry of Finance on the rates and regime for fee collection and remittance for processing of applications for the license to establish Representative Offices of foreign trade promotion organizations or foreign traders in Viet Nam.

Reference form:

Form MD-1 Circular 11/2016/TT-BCT: In case of relocation.
Form MD-2 Circular 11/2016/TT-BCT: In case the License is lost, damaged, or destroyed.


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