Establishment permit adjustment Representative Office. Dossier, order, and procedures for Establishment permit adjustment Representative Office. Let us learn about this topic with LSX Law firm below:
Cases of Establishment permit adjustment Representative Office
A foreign trader must carry out procedures for adjusting a representative office establishment license in the following cases:
Firstly, changing the name or address of the foreign trader’s head office.
Secondly, changes in operation contents of foreign traders are directly related to the operation contents of branches in Vietnam.
Thirdly, change of head of Representative Office.
Moreover, change the name of Representative Office.
In addition, change of operation contents of Representative Offices.
Furthermore, changing the address of the representative office’s head office in a province or centrally run city or in a geographical area under the management of a Management Board.
Also, change of branch office address.
Dossier for Establishment permit adjustment Representative Office
Dossier for Establishment permit adjustment Representative Office 01 set includes:
a) An application form for modification 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;
b) Documents evidencing the change, specifically:
If adjustment of the License specified in Clause 1, Article 15 of this Decree:
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.
– In case of adjustment of the License specified in Clause 2, Article 15 of this Decree:
A copy of the legal document issued by a competent authority evidencing the change in the operation contents of the foreign trader.
– In case of adjustment of the License specified in Clause 3, Article 15 of this Decree:
The document of the foreign trader appointing/appointing a new head of the representative office;
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 also;
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.
– In case of modification of the License specified in Clauses 6 and 7, Article 15 of this Decree:
A copy of the memorandum of understanding or agreement to rent the venue or a copy of the document proving the trader has the right to exploit and use the site.
Point to locate the representative office also;
A copy of the paper on the proposed location of the representative office or branch as prescribed in Article 28 of this Decree and relevant laws.
c) The original License for the establishment of a representative office.
Documents evidencing changes
Documents evidencing changes in Clause 1, Clause 2, and Clause 3; (for the case of the foreign trader’s document appointing/appointing the new head of the representative office; in a foreign language and a copy of the passport of the new head of the representative office who is a foreigner) Article 15 of this Decree; must be translated into Vietnamese and authenticated under Vietnamese law. Besides, documents evidencing changes in Clauses 1 and 2, Article 15 of this Decree; must be certified or legalized by a diplomatic mission or consular office of Vietnam abroad under Vietnamese law.
Order and procedures for Establishment permit adjustment Representative Office
1. Within 60 working days from the date of the change specified in Article 15 of this Decree; the foreign trader must carry out procedures for adjusting the License to establish a representative office.
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 permit-issuing 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. Except for the case specified in Clause 5 of this Article; within 05 working days from the date of receipt of complete and valid dossiers; the license-issuing agency shall adjust or not adjust the representative office establishment license. As in the case of non-adjustment, they must clearly state a written explanation.
In case of adjustment of operation contents of a representative office
Specifically, in case of adjustment of operation contents of a representative office; leading to a representative office in the case specified in Clause 5, Article 7 of this Decree; and in case the adjustment of operation contents of the representative office has not been prescribed in technical legal documents; The licensing agency shall send a written request for opinions from the specialized management ministry within 03 working days; from the date of receipt of a complete and valid application.
Within 05 working days from the date of receipt of the permit from the licensing agency; The specialized management ministry shall issue a written document stating its agreement or disagreement with the adjustment of the License to establish the representative office. Within 05 working days from receipt of comments from the Ministry of specialized management, the licensing agency shall adjust or not amend the License to establish a representative office for the foreign trader. In the case of non-adjustment, they must clearly state a written explanation.
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Related questions
The location of the head office of a representative office of a foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety, and health conditions, and other conditions as prescribed by law. the law. In addition, representative offices are not allowed to lend or sublease their headquarters.
Specifically, representative offices perform the functions of a liaison office, market research, and promotion of business investment opportunities of the traders they represent, also excluding the service industry where the establishment of a representative office in that field are specified in specialized legal documents.
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