What are the procedures for extending the License to establish a representative officea after 01/06/2025 ?
Answer
- Conditions for extension of license to establish representative office of foreign trader in Vietnam
- At least 30 days prior to the expiry of the license, the applicant shall apply for extension of the License for Establishment of the representative office.
Legal basis: Clause 1, Article 23, Decree 07/2016/ND-CP.
- The power to grant Licenses for Establishment of representative offices
- The Department of Industry and Trade of the province where the representative office is expected to be located outside industrial parks, export-processing zones, economic zones or hi-tech zones shall grant, re-grant, adjust, extend or revoke the License for Establishment of the representative office and shall have the power to have such representative office shut down in case the establishment of the representative office has not been prescribed by specialized legislative documents.
- Management Boards of industrial parks, export-processing zones, economic zones or hi-tech zones (hereinafter referred to as Management Boards) shall grant, re-grant, adjust, extend or revoke the License for Establishment of the representative office and shall have the power to suspend the operation of such representative offices located in industrial parks, export-processing zones , economic zones or hi-tech zones in case the establishment of such representative offices has not been prescribed by specialized legislative documents.
Legal basis: Article 5 Decree 07/2016/ND-CP.
- Documentation required An application for extension of the License for Establishment shall include:
- An application form for extension of the License for Establishment of the representative office or branch using the form promulgated by the Ministry of Industry and signed by a competent representative of the foreign trader.
- Copies of the Certificate of Business registration or equivalent documents of the foreign trader (shall be translated into Vietnamese and certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam).
- Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign trader issued or certified by competent authorities where such foreign trader is established (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam).
- Copies of the existing License for Establishment of the branch or representative office
Legal basis: Article 22 Decree 07/2016/ND-CP.
- Procedures for extension of Licenses for Establishment of branches or representative offices:
- The foreign trader shall submit their application to the licensing agency where the representative office is expected to be located directly or by post or online (where applicable).
- Within 03 working days from the date of receipt of the application, the licensing agency shall examine such application and request the applicant to complete the application (if the application is incomplete) . The request for supplementation to the application shall be made only once during the processing of the application.
- Within 05 working days from the date of receipt of the valid application, the licensing agency shall grant an extension of the license or establishment of the representative office to the applicant. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
- With respect to applications for extension of the License for Establishment of representative offices or branches that have yet to be governed by specialized legislative documents, the licensing agency shall submit a written request for directions to the relevant Ministry within 03 working days from the date of receipt of the valid application. Within 05 working days from the date of receipt of the request for directions from the licensing agency, the relevant Ministry shall submit the licensing agency a written notification of whether they approve for the application for extension of the License for Establishment of the branch or representative office. Within 05 working days from the date of receipt of the notification from the relevant Ministry , the licensing agency shall send the applicant a written notice of whether the extension is granted or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
Legal basis: Article 23 Decree 07/2016/ND-CP.
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