GRANTING LICENSES FOR ESTABLISHING REPRESENTATIVE OFFICE

GRANTING LICENSES FOR ESTABLISHING REPRESENTATIVE OFFICE

GRANTING LICENSES FOR ESTABLISHING REPRESENTATIVE OFFICE

 

  • Decree 07/2016 / ND-CP dated January 25, 2016, effective from March 10, 2016, detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam. (This Decree replaces Decree No. 72/2006 / ND-CP)
  • Circular 11/2016 TT-BCT dated 05/07/2016 (Effective from August 20, 2016) regulating the form to implement Decree 07/2016, abolishing the Circular 11/2006

Article 10. Dossiers for grant of representative office establishment permits

  1. Profile 01 set including:

a / An application for a license to set up a representative office, made according to a form set by the Ministry of Industry and Trade, signed by a competent representative of a foreign trader;

b) A copy of the business registration certificate or equivalent paper of the foreign trader;

c) The document of the foreign trader appointing / appointing the head of the Representative Office;

d) Copies of audited financial statements or documents certifying the performance of tax or financial obligations in the latest fiscal year or equivalent papers of competent agencies or organizations where established foreign traders grant or certify the existence and operation of foreign traders in the latest fiscal year;

d) A copy of the passport or identity card or citizen identification card (if it is Vietnamese) or a passport copy (if being a foreigner) of the head of the Representative Office;

e) Documents on the expected location of the Representative Office include:

  • A copy of the memorandum or agreement on location lease or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
  • A copy of the document on the expected location of the Representative Office in accordance with Article 28 of this Decree and relevant laws.
  1. Documents specified at Point b, Point c, Point d and Point d (for cases of passport copies of heads of representative offices being foreigners) Clause 1 of this Article must be translated into Vietnamese and authenticated in accordance with Vietnamese law. Documents specified at Point b, Clause 1 of this Article must be certified or consularized by Vietnamese diplomatic missions or consulates abroad according to the provisions of Vietnamese law.

Article 11.- Order and procedures for granting representative office establishment licenses

  1. Foreign traders shall submit dossiers directly or by post or online (if eligible) to the Permit-granting agencies of the localities where they intend to set up their representative offices.
  2. Within 03 working days from the date of receipt of the dossier, the issuing agency shall grant the inspection license and additional requirements if the dossier is incomplete and valid. The request for additional records is made up to a maximum of once during the application process.
  3. Except as stipulated in Clause 4 of this Article, within 7 working days from the date of receipt of a complete and valid dossier, the License Issuing Authority shall grant or not to grant a License to establish a Representative Office to a trader. foreign. In case of refusing to grant a license, there must be a document stating the reason.

Article 9. Duration of License for establishing Representative Office, License for establishing Branch

  1. A license for establishment of a representative office or a branch’s establishment license is valid for 5 years but does not exceed the remaining term of the business registration certificate or the paper of equivalent value. Foreign traders in case of such documents have regulations on time limits.
  2. The term of a License to establish a Representative Office or a License to establish a Branch shall be re-issued within the time limit of the previously granted License.
  3. The term of a representative office establishment license or branch establishment license shall be extended as prescribed in Clause 1 of this Article.

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