Termination of operation of branches of foreign traders in Vietnam

1. SUBJECTS FOR IMPLEMENTATION.

A branch of foreign trader shall terminate its operation in the following cases:

  • It is so requested by the foreign trader.
  • The foreign trader terminates its operation under the law of the country or territory in which such trader was established or registered its operation.
  • The foreign trader does not apply for an extension of the branch establishment license upon the expiration of the operation period stated therein.
  • The licensing agency refuses to extend the branch establishment license upon the expiration of the operation period stated therein.
  • The representative office or branch establishment license is revoked under Article 44 of Decree 07/2016/ND-CP.
  • The foreign trader or its representative office or branch no longer satisfies one of the conditions specified in Articles 7 and 8 of Decree 07/2016/ND-CP.

 2. SEQUENCE.

  • Step 1:

A foreign trader may submit directly, by post or online (if applicable) a dossier of request for termination of operation of its branch to the Ministry of Industry and Trade.

  • Step 2:

Within 03 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall examine and request the applicant to supplement the dossier if it is neither complete nor valid. The request for supplementation to the dossier shall be made only once during the process of handling the dossier.

  • Step 3:

Within 05 working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall post the termination of operation of the branch on its website.

3. METHODS.

  • Directly submit at the Ministry of Industry and Trade or via post.
  • Submit your application online on the portal: https://dichvucong.moit.gov.vn/

4/ PROFILE COMPOSITION AND QUANTITY.

  • Pursuant to Article 36 of Decree 07/2016/ND-CP, (“Decree“) dossier of request for termination of operation of the branch shall consist of:
No Documents Form Quantity
1

Notification of termination of operation of a branch signed by the foreign trader’s competent representative, except in cases when the branch establishment license is revoked.

Form TB included in Appendix of Circular No. 11/2016/TT-BCT (attached file) 01
2

A copy of the Ministry of Industry and Trade’s written refusal of extension of the branch establishment license (for the case specified in Clause 4, Article 35 of the Decree) or a copy of the Ministry of Industry and Trade’s decision on revocation of the branch establishment license (for the case specified in Clause 5, Article 35 of the Decree).

01
3 Lists of creditors and owed debts, including outstanding taxes and social insurance premiums. 01
4 Lists of employees and their benefits. 01
5 The original branch establishment license 01
  • Quantity: 01 (one) set.

5/ PROCESSING TIME.

05 working days from the date of receipt of complete and valid dossier.

6/ IMPLEMENTING AGENCY.

Ministry of Industry and Trade.

7/ RESULT.

Notification of termination of operation of the branch of foreign traders in Viet Nam

8/ LEGAL BASIS.

  • Decree No. 07/2016/ND-CP dated January 25, 2016.
  • Circular 11/2016/TT-BCT dated July 5, 2016.

Note:

  • In addition to carrying out the procedures for operation termination, the foreign trader and its branch shall display a notice of the operation termination at its office and fulfill other obligations in accordance with the law.
  • The foreign trader with a branch terminating its operation shall perform contracts, pay debts including back taxes and fully provide lawful benefits for employees of such branch in accordance with the law.
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