License for establishment of representative office of foreign trade promotion organization in Vietnam

1. SUBJECT FOR IMPLEMENTATION.

Governmental or non-governmental organizations, associations (or other equivalent forms) established under the laws of the country where the organization is headquartered (excluding foreign traders, non-governmental foreign organizations, cooperative organizations, research institutions, cultural and educational institutions, and foreign organizations specified in other legal documents) that carry out trade promotion activities in Vietnam.

2. CONDITIONS, REQUIREMENTS.

Complying with regulations specified in Articles 24 and 25 of Decree No. 28/2018/ND-CP.

3. SEQUENCE.

  • Step 1:

The foreign trade promotion organization shall apply the request of a license to the Vietnam Trade Promotion Agency – Ministry of Industry and Trade.

  • Step 2:

Within 15 working days from the date of receipt of a complete dossier, the Vietnam Trade Promotion Agency shall consider granting a license to the foreign trade promotion organization. In case of refusal, a written reply must be given stating the reason.

 4. METHODS.

Directly submit the dossier to the Ministry of Industry and Trade or via post to the address: Vietnam Trade Promotion Agency – 20 Ly Thuong Kiet, Hanoi.

5. PROFILE COMPOSITION AND QUANTITY.

  • Pursuant to Article 26 of Decree No. 28/2018/ND-CP, the components of an application for a license to establish a representative office of a foreign trade promotion organization in Vietnam shall include:
No Documents Form Quantity
1 A written request for a license to establish a representative office, signed by a competent representative of the foreign trade promotion organization.

Form No. 01 in the Appendix attached to Decree 28/2018/ND-CP

01
2 A written document of a competent foreign state agency allowing the trade promotion organization to set up a representative office in Vietnam or a document proving the right to establish a representative office abroad. 01
3 A copy of the Establishment License or equivalent document. 01
4 A copy of the foreign trade promotion organization’s charter or operation regulation. 01
5 An expected charter or operation regulations of the Representative Office in Vietnam. 01
6 Report on the operation of the foreign trade promotion organization in the last 01 year. 01
7 Appointment document and resume of the head and personnel of the Representative Office in Vietnam. 01
8 An uncertified copy of the contract, agreement, or related documents about the location of the representative office’s head office. 01
9 Letter of introduction or power of attorney for the applicant in case of direct submission. 01

 Note:

The documents mentioned in Sections 2, 3, 4, 5, 6, 7, and 9 must be translated into Vietnamese; Documents mentioned in Sections 2, 3, 4, 7, and 9 must be consular legalized in accordance with Vietnamese law.

  • Quantity: 01 (one) set.

6. PROCESSING TIME.

15 working days from the date of receipt of a complete dossier.

7. IMPLEMENTING AGENCY.

Trade Promotion Agency – Ministry of Industry and Trade.

8. RESULT.

Representative office establishment license or non-licensing document.

9. REFERENCE FORM.

A written request for a license to establish a representative office, signed by a competent representative of the foreign trade promotion organization: Form No. 01 in the Appendix issued with Decree 28/2018/ND-CP.

10. TERM OF ESTABLISHMENT LICENSE.

  • A representative office establishment license is valid for 5 years but must not exceed the remaining term of the establishment license or equivalent document of the foreign trade promotion organization in case the law of the country in which the organization is established has regulations on the duration of its establishment license.
  • In addition, foreign trade promotion organizations may extend their representative office establishment license when they fully meet the conditions specified in Article 29 of Decree No. 28/2018/ND-CP.

11. LEGAL BASIS.

Decree No. 28/2018/ND-CP dated March 1, 2018

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