{"id":3129,"date":"2021-11-15T11:14:19","date_gmt":"2021-11-15T04:14:19","guid":{"rendered":"https:\/\/pl-partners.vn\/?p=3129"},"modified":"2023-10-16T13:25:33","modified_gmt":"2023-10-16T06:25:33","slug":"dissolution-of-representative-office-of-foreign-traders-in-vietnam","status":"publish","type":"post","link":"https:\/\/pl-partners.vn\/en\/dissolution-of-representative-office-of-foreign-traders-in-vietnam\/","title":{"rendered":"Dissolution of representative office of foreign traders in Vietnam"},"content":{"rendered":"\n\n\n\n\n\n\n\n\n\n\n\n\n
Cases where Representative Offices of foreign traders are dissolved<\/strong><\/span><\/td>\nRepresentative Offices of foreign traders are dissolved in cases as follows:<\/span><\/p>\n
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  • As requested by the foreign traders;<\/span><\/li>\n
  • The foreign traders cease to operate under the laws of a country or territory in which such foreign traders are established or registered;<\/span><\/li>\n
  • The License for establishment of the Representative Office has expired without application for extension by the foreign traders.<\/span><\/li>\n
  • The Licensing Agency refuses to extend the expired License for establishment of the Representative Office;<\/span><\/li>\n
  • The License for establishment of the Representative Office is revoked in accordance with Article 44 Decree 07\/2016\/ND-CP<\/span>;<\/span><\/li>\n
  • The foreign traders or their Representative Office no longer satisfies one of the conditions stipulated in Article 7 and Article 8, Decree No.07\/2016\/N\u0110-CP<\/span>.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Sequence<\/strong><\/span><\/td>\n\n
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  • Step 1:<\/strong><\/span> Foreign traders prepare application files as requested by law and submit to the Dossier-receiving and Result-delivering Section – Department of Industry and Trade where the Representative Office is expected to be dissolved.<\/span><\/li>\n
  • Step 2<\/span>:<\/strong> Dossier-receiving and Result-delivering Section – The Department of Industry and Trade receives the dossier and issues a Receipt.<\/span><\/li>\n<\/ul>\n

    Within 03 working days<\/strong> from the date of receipt of the dossier, the Department of Industry and Trade shall request for amendments and supplements if the dossier is inadequate and invalid.<\/span><\/p>\n

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    • Step 3:<\/strong><\/span> Within 05 working days<\/strong> from the date of receipt of complete and valid dossiers, the Department of Industry and Trade is responsible for publishing the dissolution of the Representative Office on its website.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Method<\/strong><\/span><\/td>\nDirect submission or by post<\/span><\/td>\n<\/tr>\n
Dossier<\/strong><\/span><\/td>\n\n
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  • The filing shall comprise:<\/span><\/li>\n<\/ul>\n
      \n
    1. A notice of dissolving the Representative Office (using Form TB, Circular No.11\/2016\/TT-BCT<\/span>, excluding cases where the License for establishment of the Representative Office is revoked) or a copy of written refusal of the 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);<\/span><\/li>\n
    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).<\/span><\/li>\n
    3. Lists of creditors and the amount of unpaid debts, including outstanding taxes and social insurance premiums;<\/span><\/li>\n
    4. Lists of employees and their currently respective rights;<\/span><\/li>\n
    5. An original of the License for Establishment of the Representative Office.<\/span><\/li>\n<\/ol>\n

      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:<\/span><\/p>\n

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      • A notice of dissolving the Representative Office (using the aforesaid form);<\/span><\/li>\n
      • An original of the License for the establishment of the Representative Office.<\/li>\n<\/ul>\n
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        • Quantity:<\/strong> 01 set<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Duration<\/strong><\/span><\/td>\nWithin 05 working days<\/strong> from the date of receipt of the complete and valid dossier;<\/span><\/td>\n<\/tr>\n
Execution Body<\/strong><\/span><\/td>\nDepartment of Industry and Trade<\/span><\/td>\n<\/tr>\n
Objects<\/strong><\/span><\/td>\nForeign traders expect to put Representative Offices outside industrial parks, export processing zones, economic zones, and high-tech zones.<\/span><\/td>\n<\/tr>\n
Fees and charges<\/strong><\/span><\/td>\nFree<\/span><\/td>\n<\/tr>\n
Result<\/strong><\/span><\/td>\nPublic notice on the Department’s website about the dissolution of the Representative Office.<\/span><\/td>\n<\/tr>\n
Conditions<\/strong><\/span><\/td>\nThe 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.<\/span><\/td>\n<\/tr>\n
Legal basis<\/strong><\/span><\/td>\n\n