According to Vietnamese Law on Commerce, the license for the establishment of a foreign trader’s a representative office 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). At the end of this period, many foreign traders still need to maintain the operation of their representative offices.
Legal documents (for reference): Decree No.07/2016/ND-CP detailing the Commercial Law regarding representative offices and branches of foreign traders in Vietnam and Circular No.11/2016/TT-BCT On the implementation of Decree No. 07/2016/NĐ-CP.
Conditions for extension of operation permit of representative office of foreign entity:
- Foreign trader still operating under law in countries where trader has set up;
- The representative office does not violate the provisions of Vietnamese law;
- Procedures for extension must be made at least 30 days before the expiration of the representative office establishment license.
Procedures for extension of operation licenses of representative offices of foreign traders:
An application for extension of the License for Establishment shall include:
- An application form (according to standard form issued by Ministry of Industry and Trade);
- Copies of the Certificate of Business registration or equivalent documents of the foreign trader;
- Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year where such foreign trader is established;
- Copies of the existing License for Establishment of the branch or representative office.
After preparing the application above, foreign trader shall submit to the Department of Industry and Trade of the locality where the representative office is licensed.
Processing time: 05 working days from the date of receipt of valid dossiers.
Results: License for the establishment of a representative office of a foreign trader (with a new term) or refusal letter stating the reason.
Note: The above procedures apply to representative offices of foreign traders not in industrial parks, export processing zones or high-tech zones. In case the representative office is located in the above areas, the dossier will be submitted to the management of that area.
If you want to know more about the procedure for extension the license of representative office establishment, please contact HNLAW&PARTNERS Law Firm for information.
HNLAW&PARTNERS Law Firm is a reputable and professional unit providing consultancy services and supporting procedures related to the fields of: foreign investment; establishment of enterprises; apply for sub-license of conditional industries; protection of intellectual property; work permit…