Content Summary
In the globalization, Vietnam is gradually becoming an attractive investment destination with many multinational corporations and foreign enterprises. To conduct trade promotion activities or do business in new markets, foreign traders set up their own representative offices or branches in Vietnam. However, the information changing on the Representative office/branch license is inevitable during the operation. In this case, the foreign trader must carry out procedures for adjusting the License of the representative office/branch.
CASES OF ADJUSTMENT OF REPRESENTATIVE OFFICE ESTABLISHMENT LICENSE, BRANCH ESTABLISHMENT LICENSE
Foreign traders must carry out procedures for adjusting the License for Establishment of Representative Offices or Licenses for Establishment of Branches in the following cases:
- Change the name or address of the foreign trader’s head office.
- Change in operation contents of foreign traders directly related to the operation contents of branches in Vietnam.
- Change the head of Representative Office, Branch.
- Change the name of Representative Office, Branch.
- Changes in operation contents of Representative Offices and Branches.
- Change the address of the representative office in a province or centrally run city or a geographical area under the management of a Management Board.
- Change of branch office address.
AUTHORITY TO ADJUST REPRESENTATIVE OFFICE LICENSE
– If the representative office’s head office is located outside an industrial park, export processing zone, economic zone, or high-tech zone, the authority to adjust the Representative office establishment license will belong to the provincial/municipal Departments of Industry and Trade.
-If the representative office’s head office is located in an industrial park, export processing zone, economic zone, or high-tech zone, the authority to adjust the License will belong to the Management Board of the industrial park or zone export processing, economic zones, high-tech zones.
AUTHORITY TO ADJUST THE BRANCH ESTABLISHMENT LICENSE
The Ministry of Industry and Trade makes adjustments to the branch establishment license.
DOCUMENTS FOR ADJUSTMENT OF REPRESENTATIVE OFFICE ESTABLISHMENT LICENSE, BRANCH ESTABLISHMENT LICENSE
Foreign traders will prepare 01 sets of documents including:
a) An application form for modification of the establishment of a Representative Office License or the establishment of a branch Licence (according to the Form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader);
b) Documents evidencing the change:
– The changing the name or address of the foreign trader’s head office: A copy of the legal document issued by a competent authority evidencing the change in the name or address of the foreign trader’s head office.
– The change of operation contents of a foreign trader directly relating to the operation of the branch in Vietnam: A copy of the legal document issued by a competent authority evidencing the change in content activities of foreign traders.
– The change of head of a representative office or branch: The document of the foreign trader appointing a new head of the representative office or branch; copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the new head of the Representative Office/Branch; documents proving that the former head of the representative office or branch has fulfilled the personal income tax obligation up to the time of change.
– The address change of a representative office/branch in a province or city directly under the Central Government or a geographical area under the management of a Management Board: A copy of the memorandum of agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office or branch; a copy of the documents on the related location of the representative office or branch following relevant laws and regulations.
c) The original License for the establishment of a representative office or branch.
Note: Documents must be translated into Vietnamese and authenticated under Vietnamese law (for the case of documents of foreign traders appointing new heads of representative offices and branches in foreign languages and new head of the Representative Office/Branch is a foreigner). Particularly, documents evidencing the change in the name or address of the head office of the foreign trader or the contents of the foreign trader’s activities directly related to the contents of the operation of a branch in Vietnam must be certified or legalized by a diplomatic mission or consular office of Vietnam abroad under Vietnamese law.
ORDER AND PROCEDURES FOR ADJUSTMENT OF REPRESENTATIVE OFFICE ESTABLISHMENT LICENSE, BRANCH ESTABLISHING LICENSE
Within 60 working days from the change, the foreign trader must carry out procedures for adjusting the License for Establishment of Representative Office or License for Establishment of Branch.
Step 1: Foreign traders submit documents directly or by post or online (if eligible) to the licensing agency.
Step 2: Within 03 working days from the application receipt, the licensing agency shall check and request supplementation if the application is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
Step 3: Except for the case of consulting the Ministries of specialized management, within 05 working days from the date of receipt of complete and valid dossiers, the license-issuing agency shall adjust or not adjust the License. In the case of non-adjustment, a written explanation must be clearly stated.
Above is some basic information about procedures for adjusting the license to establish representative offices and branches of foreign traders. If you have any requirements, please don’t hesitate to contact us via phone number or email to receive the most timely support from AZLAW.
