Adjustments to licenses on the establishment of representative offices of foreign traders in Vietnam

1/ CASES FOR IMPLEMENTATION OF THE PROCEDURES

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

2/ EXECUTION TIME

Within 60 working days from the date of having aforesaid changes of the License.

3/ 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 adjust the License for the 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 are 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 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.

4/ METHOD

Directly submit to the Department of Industry and Trade or via post.

5/ PROFILE COMPOSITION

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

- For changing the 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 overseas diplomatic mission and consular offices 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 the memorandum of understanding (MOU) or lease agreements or documents as proof of the right to use the 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 the establishment of the Representative Office.

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 overseas diplomatic missions and consular offices in accordance with Vietnamese Law.

Quantity: 01 set.

6/ PROCESSING TIME

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.

7/ EXECUTION OFFICE

Department of Industry and Trade

8/ OBJECTS

Foreign traders’ Representative Offices are outside industrial zones, export processing zones, economic zones, and high-tech parks.

9/ FEES AND CHARGES

VND 1.500.000/ 01 license.

10/ RESULT

License for establishment of the Representative Office of the foreign trader in Viet Nam or a written refusal clearly stating the reason.

11/ 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 143/2016/TT-BTC dated 26/09/2016 of the Ministry of Finance on the rates and regime of 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.