Renewal and re-issuance of representative office establishment licenses. Dossier, order, and procedures for renewal and re-issuance of representative office establishment licenses. Let us learn about this topic with LSX Law firm below:
Cases of re-issuance of representative office establishment licenses
Foreign traders shall carry out procedures for re-issuance of a representative office establishment license in the following cases:
Firstly, relocating the head office of a representative office from a province; a city directly under the Central Government, or a geographical area under the management of a Management Board; to another province or centrally run city or a geographical area under the management of another Management Board.
In addition, the representative office establishment license is lost, destroyed, damaged, or destroyed in any form.
Dossier for re-issuance of representative office establishment license
1. In case of re-issuance according to the provisions of Clause 1; Article 18 of this Decree, a dossier of 01 set includes:
Firstly, an application form for re-issuance of a representative office establishment license; made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
Secondly, to notify the termination of operation of the representative office to the licensing agency; where relocated as prescribed in Point a, Clause 1, Article 36 of this Decree;
Thirdly, a copy of the issued representative office establishment license;
Finally, documents on the proposed location of the head office of the representative office; moved as prescribed at Point e, Clause 1, Article 10 of this Decree.
2. In case of re-issuance according to the provisions of Clause 2; Article 18 of this Decree, a dossier includes:
An application for re-grant of a representative office establishment license; made according to the form of the Ministry of Industry and Trade; made by a competent representative, signed by foreign traders.
Order and procedures for re-issuance
1. Foreign traders shall carry out procedures for re-issuing a representative office establishment license for the case specified in Clause 1, Article 18 of this Decree, within 30 days from the date of notification of operation termination. Representative office in the place of moving. Past the time mentioned above limit, the foreign trader must carry out the procedures for granting a representative office establishment license according to the provisions of Articles 10 and 11 of this Decree.
2. Foreign traders submit dossiers directly or by post or online (if applicable) to the licensing agency.
3. Within 03 working days from the date of receipt of the application, the licensing agency shall examine 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.
4. Within 05 working days from the date of receipt of complete and valid dossiers, the licensing agency shall re-issue the License to establish a representative office. In case of refusal to re-grant, they must clearly state a written explanation.
Cases of renewal of representative office establishment license
Foreign traders may extend the license to establish a representative office upon the expiration of the term specified in the permit, except for violations in the circumstances in which the permit to appoint a representative office is revoked, as prescribed in Article 44 of this Decree.
Dossier for renewal of representative office establishment license
Dossier 01 set includes:
Firstly, an application form for extension of the License for Establishment of a Representative Office made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
Secondly, a copy of the business registration certificate or equivalent document of the foreign trader;
Thirdly, a copy of the audited financial statement; or a written certification of the performance of tax or financial obligations in the most recent fiscal year; or papers of equivalent value issued by a competent agency or organization; where the foreign trader established or certify and prove the existence and operation of foreign traders in the latest fiscal year;
Finally, a copy of the License for Establishment of the Representative Office has been granted.
Besides, they must translate Documents specified at Point b, Clause 1 of this Article into Vietnamese and certified or consular legalized by Vietnamese diplomatic missions or consular offices abroad under Vietnam law. They must translate documents specified at Point c, Clause 1 of this Article into Vietnamese and authenticated under Vietnamese law.
Order and procedures for renewal
1. They must submit dossiers for renewal of representative office establishment license within 30 days before the permit expires.
2. Foreign traders submit dossiers directly or by post or online (if applicable) to the licensing agency.
3. Within 03 working days from the date of receipt of the application, the licensing agency shall examine and request supplementation if the application is incomplete or invalid. The request for additional records is most once during the processing of the application.
4. Within 05 working days from the date of receipt of complete and valid dossiers, the License-issuing agency shall extend the License to establish the Representative Office. In the case of non-renewal, they must clearly state a written explanation.
5. In case the representative office establishment license extension has not been specified in a technical legal document; the licensing agency shall send a written request for opinions from the specialized management ministry within 03 working days from the date of complete and valid dossiers. Then within 05 working days from the date of receipt of the document from the licensing agency; the specialized management ministry shall issue a written statement stating its agreement or disagreement with the extension of the representative office establishment license. Moreover, within 05 working days from receiving comments from the specialized management ministry; the licensing agency shall extend or not renew the license for establishing a representative office. In the case of non-renewal, they must clearly state a written explanation.
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Related questions
Firstly, representative offices are protected their legitimate rights and interests during their operation in Vietnam in accordance with Vietnamese law. Secondly, the representative office shall exercise its rights and obligations under the provisions of the Commercial Law and in accordance with the contents of the License.
Firstly, the name of the representative office must be written with the letters of the Vietnamese alphabet, the letters F, J, Z, W, numbers, and symbols.
Secondly, the name of the representative office must bear the name of the foreign trader together with the phrase “representative office”.
Thirdly, the name of the representative office must be written or attached at the representative office’s headquarters. The name of the representative office is printed or written in a smaller font size than the name of the foreign trader on transaction papers, documents, and publications issued by the representative office.
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