A representative office is a form of presence of foreign traderes in Vietnam licensed and .established by the Department of Industry and Trade in accordance with Vietnamese law. So, what does the process of adjusting the establishment license for representative office entail? Let’s explore this further with Law Plus in the following article.
Table of Contents/Mục lục
1. Cases requiring adjustment of Representative Office Establishment License
Foreign businesses must undergo the procedure to adjust the license to establish a representative office. if they fall into one of the specific cases outlined in Article 15 of Decree 07/2016/ND-CP as follows:
- Change the name or address of the foreign trader
- Change the head of the Representative Office.
- Change the name of the Representative Office.
- Change the operational content of the Representative Office.
- Change the address of the Representative Office’s headquarters in a province, centrally run city .or in a geographical area under the management of a Management Board
2. Documents for Adjusting of Representative Office Establishment License
In different cases of change, the profile components also have changes similar to the following:
Quantity: 01
In case of changing the name or headquarter address of a foreign trader:
– Application for adjustment of Representative Office Establishment License;
– Original of Representative Office establishment license;
– Copy of legal documents issued by a competent authority proving the change of name or headquarter address of the foreign trader, approved by the. diplomatic representative agency or consular agency of Vietnam in the foreign country or. consular legalization, translation into Vietnamese and authentication according to Vietnamese law.
In case of changing the content of foreign traders’ activities:
– Application for adjustment of Representative Office Establishment License;
– Original of Representative Office establishment license;
– A copy of legal documents issued by a competent authority proving .the change in the content of foreign traders’ activities, certified by Vietnamese diplomatic missions or consulates abroad, or Consular legalization, translation into. Vietnamese and authentication according to the provisions of Vietnamese law. (In case of changing the content of foreign traders’ activities).
In case of changing the head of a Representative Office:
– Application for adjustment of Representative Office Establishment License;
– Original of Representative Office establishment license;
– Documents proving that the former head of the Representative Office has fulfilled his personal income. tax obligations up to the time of change; adjusting establishment license for representative office
– Document of the foreign trader appointing the new head of the Representative Office;
– Copy of passport or identity card or citizen identification card (if Vietnamese) or copy .of passport (if foreigner) of the new head of the Representative Office.
In case of changing representative office headquarters:
– Application for adjustment of Representative Office Establishment License;
– Original of Representative Office establishment license;
– A copy of the memorandum of understanding or location rental agreement or. a copy of documents proving that the trader has the right to exploit and use the location to locate the .new headquarters of the Representative Office;
– Copy of documents on the expected location of the new headquarters of the Representative Office;
3. Procedures for submitting documents to amend the License to establish a Representative Office
Within a 60-day working period from the date of the change, foreign traderes need to complete. the procedures for adjusting the license to establish a representative office.
Form: Submit application in person or by post or online (if eligible) and Starting from August 1, 2023, there will .be a priority for receiving online applications for all administrative procedures. under the authority of the Department of Industry and Trade through the City’s e-government service portal or the. National e-government service portal at the address: https://dichvucong.gov.vn.
From October 1, 2023, the Department of Industry and. Trade officially stops accepting all online administrative procedure documents on the Public Services page of the Department. of Industry and Trade at: http://congthuong.hochiminhcity.gov.vn/web/dvc/tt
Receiving Authority: Department of Industry and Trade.
Processing time: 05 working days from the date of receiving a complete and valid application.
So when there are changes to the Representative Office, foreign traderes should quickly. complete the application to adjust the Representative Office Establishment. License to avoid paying fines.
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