A representative office is a dependent unit of the enterprise, which has the task of representing by authorization for the interests of the enterprise and protecting those interests. The head of the representative office is the person who manages and directs the operations of the representative office of the company and is responsible for the operation of the office before the company’s board of directors. The company will decide and appoint head of the representative office by term or until there is a change. Accordingly current regulations, when there is a change of the head of a representative office, the enterprise must carry out procedures for changing the head of a representative office of a foreign trader at the local Department of Industry and Trade where the representative office is working. Let’s find out with LSX Lawfirm.
Investment law 2020
Enterprise law 2020
Conditions of the head of the representative office of foreign traders
The head of a representative office of a foreign trader may not concurrently hold the following positions:
- Firstly, head of Branch of the same foreign trader;
- Secondly, heads of Branches of other foreign traders;
- Thirdly, the legal representative of that foreign trader or other foreign trader;
- Lastly, the legal representative of an economic organization established in accordance with the laws of Vietnam.
Dossier to change the head of the representative office
- An application form for modification of a representative office establishment license signed by a competent representative of the foreign trader;
- The document of the foreign trader appointing/appointing the new head of the representative office;
- Copy of passport or identity card or citizen identification card (if Vietnamese); or notarized copy of passport (if foreigner) of the new head of the representative office;
- Papers proving that the former head of the representative office has fulfilled the personal income tax obligations up to the time of change ( Personal income tax finalization declaration or tax-free certification of the Tax Department; …) ;
- Original License for Establishment of Representative Office.
Order and procedures for changing the head of a representative office
Within 60 working days from the date of change of the head of the representative office, the foreign trader must carry out procedures for adjustment of the representative office establishment license.
Foreign traders shall submit 01 dossier to the local Department of Industry and Trade where the representative office is working.
Within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall check and request supplementation if the dossier is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
Within 05 working days from the date of receipt of complete and valid dossiers, the Department of Industry and Trade shall adjust or not adjust the License for establishment of the representative office. In case of non-adjustment, a written explanation must be clearly stated.
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Finally, hope this article Procedures for changing the head of a representative office of a foreign trader is useful for you.
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. Besides, the name of the representative office must bear the name of the enterprise together with “Representative office”. The name of the representative office must be written or attached at the head office of the representative office and printed or written in a font smaller than the Vietnamese name of the enterprise on transaction documents, documents, and publications issued by the branch. , the representative office issued.
According to Clause 1, Article 45 of the Enterprise Law 2020:
Enterprises have the right to set up branches and representative offices in the country and abroad. An enterprise can set up one or more branches and representative offices in a locality according to administrative boundaries.
So there is no limit to the establishment of a representative office.