Dissolution of representative office of foreign traders in Vietnam

Cases where Representative Offices of foreign traders are dissolved Representative Offices of foreign traders are dissolved in cases as follows:

  • As requested by the foreign traders;
  • The foreign traders cease to operate under laws of a country or territory in which such foreign traders are established or registered;
  • The License for establishment of the Representative Office is expired without application for extension by the foreign traders.
  • The Licensing Agency refuses to extend the expired License for establishment of the Representative Office;
  • The License for establishment of the Representative Office is revoked in accordance with Article 44 Decree 07/2016/ND-CP;
  • The foreign traders or their Representative Office no longer satisfies one of the conditions stipulated in Articles 7 and Articles 8, Decree No.07/2016/NĐ-CP.
Sequence
  • Step 1: Foreign traders prepare application files as requested by law and submit at the Dossier-receiving and Result-delivering Section – Department of Industry and Trade where the Representative Office is expected to be dissolved.
  • 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 request for amendments and supplements if the dossier is inadequate and invalid.

  • Step 3: Within 05 working days from the date of receipt of complete and valid dossiers, Department of Industry and Trade is responsible to publish on the Department’s website about the dissolution of the Representative Office.
Method Directly submit or via post
Profile composition
  • Profile composition shall include:
  1. A notice of dissolving the Representative Office (using Form TB, Circular No.11/2016/TT-BCT, excluding cases where the License for establishment of the Representative Office is revoked) or a copy of written refusal of Department of Industry and Trade for extension of the License for establishment of the Representative Office (for cases where Department of Industry and Trade refuses to extend the expired License for establishment of the Representative Office);
  2. A copy of the Decision on revocation of the License for establishment of the Representative Office (for cases where the License for establishment of the Representative Office is revoked).
  3. Lists of creditors and the amount of unpaid debts, including outstanding taxes and social insurance premiums;
  4. Lists of employees and their currently respective rights;
  5. An original of the License for Establishment of the Representative Office.

If the Representative Office ceases to exist in a province/municipality or geographical area under authorized management of the Management Board to move the location of such Representative Office to another province/municipality or geographical area under authorized management of another Management Board, the dossier for dissolution of the Representative Office shall include:

  • A notice of dissolving the Representative Office (using aforesaid form);
  • An original of the License for establishment of the Representative Office.
  • Quantity: 01 set
Duration Within 05 working days from the date of receipt of the complete and valid dossier;
Execution Office Department of Industry and Trade
Objects Foreign traders expect to put Representative Offices outside industrial parks, export processing zones, economic zones, and high-tech zones.
Fees and charges Free
Result Public notice on the Department’s website about the dissolution of the Representative Office.
Conditions The foreign trader and the head of the dissolved Representative Office are jointly liable for the truthfulness and accuracy of the application for dissolution of the Representative Office. Simultaneously, they are obliged to publicly notice the dissolution of the Representative Office at  the headquarters and perform contracts, pay debts, including tax debts, and settle all legal interests of employees working at the Representative Office, and implement other obligations as prescribed by law.
Legal basic
  • Decree No. 07/2016/ND-CP dated 25/01/2016 of the Government detailed 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 Ministry of Industry and Trade prescribes for implementing Decree No. 07/2016/ND-CP dated January 25th, 2016 of the Government detailed 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 providing for fees 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 TB, Circular No.11/2016/TT-BCT(attached file)

Print Friendly, PDF & Email

SCHEDULE AN APPOINTMENT






    Tagged: none tag .

    Related post: