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Effective periods of Licenses for establishment of branches or representative offices

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Business is getting more and more exciting. In order to strictly manage the business situation, according to regulations, business establishments must register their business and own business licenses in accordance with the law. So many foreign investors have the same question: Is the business license or establishment of branches or representative officesvalid? Let’s find the answer with LSX Lawfirm according to the article: “Effective periods of Licenses for establishment of branches or representative offices”.

Decree No. 07/2016/ND-CP

What does licenses means?

Licenses for establishment of branches or representative offices is is a type of paper granted to enterprises. Besides; competent authority usually issued after the enterprise has been granted an enterprise registration certificate. It also proves that the State protects the ownership of enterprise names in accordance with current laws. After an individual or organization is granted a license; the business is considered to be lawful.

Effective periods of Licenses for establishment of branches or representative offices.

The License for Establishment of a representative office or branch shall be valid for 05 years but not exceeding the remaining effective period of the Certificate of Business Registration, or the equivalent (for documents having expiry date).

It means:

Firstly; Business license is a common phrase used to refer to an enterprise registration certificate; or an individual business household registration certificate. Besides; it is a type of license that allows individuals; groups of individuals; or organizations to do business; when they have fully met all the conditions for business registration in accordance with the law. The business license issuer is the Department of Planning and Investment under the Provincial People’s Committee or the Department of Planning and Economic Affairs under the District People’s Committee.

So; if your certificate of Business Registration or the equivalent (for documents) had expiry date then; the License for Establishment of a representative office or branch cannot exceed 5 years.

Secondly; the question is what; if your License for Establishment of a representative office or branch expires? In this situation; the effective period of an extended License also shall be equal to that of the current license. So you don’t have to worry about this at all.

Besides; the extension of the license or establishment of the representative office or branch also shall comply with above contents.

Related questions about effective periods of Licenses for establishment of branches or representative offices

What is the function of a representative office?

Representative offices perform the functions of a liaison office, market research; and promotion of the traders they represent; excluding the service industry where the establishment of a representative office in that field is in technical legal documents.

Which agency issues a license to operate a representative office of a foreign company?

The granting of a representative office establishment license; specified in Decree 07/2016/ND-CP; details the Commercial Law on representative offices; Branches of foreign traders in Vietnam at the Department of Industry and Trade.

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