Adjustment concurrently with extension of license for establishment of representative office of foreign traders in Vietnam

1. Changing the name or address of the head office of the foreign traders;
2. Changing the head of the Representative Office;
3. Changing the name of the Representative Office;
4. Changing scope of operation of the Representative Office;
5. Changing the location of the Representative Office within the area of a province, municipality or geographical area under the control of an Authority.

Example 1:

Representative Office A is going to move its head office from District 5 to District 10 from 01/05/2021 and Representative Office License is going to expire on 01/07/2021.

Thus, if the representative office is expected to simultaneously extend and adjust the License in the same procedure, it must be carried out the procedure before 01/06/2021.

Example 2:

Representative Office B is going to change its name on 01/05/2021 and Representative Office License is going to expire on 01/10/2021.

Thus, if the representative office is expected to simultaneously extend and adjust the License in the same procedure, it must carry out the procedure before 01/07/2021.

• 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, 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 for adjustment and extensin of the License for establishment of Representative Office. In case of refusal, there must be a written reply clearly stating the reason.

Where the adjustments of the scope of operation of the Representative Office is inconsistent with Viet Nam’s Commitments or the foreign traders are not from a country or territory which has acceded to an International Treaty to which Viet Nam is a signatory, or the establishment of the Representative Office has not been specified in specialized legal documents: Department of Industry and Trade shall send the dossier for consultation to the Relevant Ministers within 03 working days from the date of receipt of the complete and valid dossier. Within 05 working days from the date of receipt of the written request for consultation from the Licensing Agency, the Relevant Ministers shall issue a written approval or refusal of granting the License for establishment of the Representative Office. Within 05 working days from the date of receipt of the consultation from the Relevant Ministers, the Department of Industry and Trade shall issue or not the License for Establishment of the Representative Office for the foreign traders. In case of refusal, a written reply must be provided with explanation.

• Step 4: Foreign traders can 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 register for the service of receiving results by post.

• An application form for adjustments to License for establishment of the Representative Office (Form MD-3, Circular No.11/2016/TT-BCT);
• An application form for extension to License for establishment of the Representative Office (Form MD-4, Circular No.11/2016/TT-BCT);
• Documents as proof of adjustments, specifically:

• • For changing name or address of the head office of the foreign traders: copies of legal documents as proof of changes in the name or location of the head office of the foreign traders released by competent authorities (certified and legalized by Vietnamese diplomatic missions and consular offices abroad in accordance with Vietnamese Law);
  • For changing the head of the Representative Office: a letter of appointment of the new head of 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; papers as proof of fulfillment of personal income tax liabilities of the former head of Representative Office at the time of changes.
  • For changing the location of the Representative Office: copies of memorandum of understanding (MOU) or lease 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 in accordance with the provisions of Vietnamese law on security and order, occupational safety and hygiene and other conditions as prescribed by law.

• The original License for establishment of the Representative Office;
• Copies of the Enterprise Registration Certificate or equivalent documents of the representative office (certified and legalized by Vietnamese diplomatic missions and consular offices abroad in accordance with Vietnamese Law);
• 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 representative office in the last fiscal year issued or certified by competent authorities where such representative office is established.

Note: For documents of profile composition are foreign languages: Foreign traders must make them be translated into Vietnamese and notarized according to the provisions of Vietnamese law; certified and legalized by Vietnamese diplomatic missions and consular offices abroad in accordance with Vietnamese Law.

– Quantity: 01 set.

• Within 05 working days from the date of receipt of the complete and valid dossier.
• In case of sending for consultation to the Relevant Ministers: 05 working days from the date of receipt of the opinion from the Relevant Ministers.

• 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 143/2016/TT-BTC dated 26/09/2016 of Ministry of Finance stipulating the rates, 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.