Procedures for changing the representative of representative offices. Who is the head of the representative office under Vietnamese law? Let us learn about this topic with LSX Law firm below:
Who is the head of the representative office?
The representative of the representative office is as the head of the representative office. This is a person with a significant role because they are in charge of running and managing all representative office activities.
Typically, the head of a representative office decided by the enterprise; and appointed for a term or until there is a change. The head of a representative office may be a director, a member; or a capital-contributing shareholder, ensuring the principle of meeting requirements as prescribed; but can also be a person who is qualified to manage the enterprise; and is not prohibited from being the head of a representative office by law.
The head of the representative office is to manage and administer the activities of the company’s representative office; and be responsible for the operation of the office before the business leadership.
Procedures for changing the representative of a representative office in Vietnam
When changing the head of a representative office; the registration contents of the representative office operation must be registered according to Article 62 of the Law on Enterprises 2020. The steps are as follows:
Step 1: Prepare 01 set of documents on the change of representative of the representative office as prescribed with the following main documents:
Firstly, a notice of change of legal representative according to the form Appendix II-9; (Notice of changing contents of operation registration of branch/representative office/business location) of Circular 01/2021 /TT-BKHĐT to guide business registration
Secondly, a copy of the legal papers of the individual for the legal representative of the upcoming representative office. It can be citizen ID, identity card, or passport but must be clear and notarized within 06 months.
Step 2: Apply to the competent state agency; specifically the Business Registration Office under the Department of Planning and Investment, where the representative office is located.
Upon receipt of the Enterprise’s Notice, the Business Registration Office shall award a receipt and check the validity of the application; change information on registration of representative office operations in the National Database of Business Registration.
Step 3: Get the results of the change of legal representative of the representative office.
When the application is valid, a representative office operation registration certificate will be issued.
In case the enterprise needs; the Business Registration Office shall issue a Certificate of change in the operation registration contents of the representative office.
Procedures for changing the representative of a foreign representative office in Vietnam
Step 1: The former head of the representative office shall carry out the personal income tax obligations up to the time of change with the tax office.
Step 2: Prepare 01 set of documents:
Firstly, the paper of the foreign trader appointing/appointing the new head of the representative office
Secondly, a copy of passport or identity card; or citizen identification card (if Vietnamese); or passport copy (if foreign) of the new head of the representative office is notarized within six months; until the time of application submission.
Thirdly, papers proving that the former head of the representative office has fulfilled the personal income tax obligations up to the time of change.
Step 3: Foreign traders submit documents directly or by post or online (if eligible) to the licensing agency.
Firstly, within 60 working days from the date of change of head of the representative office; the foreign trader must carry out procedures for adjusting the license to establish a representative office.
Secondly, in this case, the licensing agency is the Department of Industry and Trade, where the representative office is located.
In addition, 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.
Step 4: Receive the results of the change of legal representative of the representative office of the foreign trader in Vietnam
When the application is valid; a certificate of operation registration of a representative office of a foreign trader in Vietnam will be granted; and they will carry out routine operations.
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Related questions
The following tasks need to be performed:
Firstly, the Human Resources Department keeps records of the appointment decisions; labor contract and other documents
Secondly, carrying out the procedures for declaring personal income tax and insurance for the new head of the representative office
Lastly, change digital signature information; bank account and other relevant documents
The head of a representative office must satisfy the condition that he cannot concurrently hold the following positions:
Head of Branch of the same foreign trader
Head of Branches of other foreign traders
The legal representative of that foreign trader or other foreign trader
The legal representative of an economic organization established under the laws of Vietnam
Conclusion: So the above is Procedures for changing the representative of representative offices. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
