Is it possiple to extend the License for establishment of representative office in Vietnam one year in advance?
Is it possible to apply for renewal of the License for establishment of representative office in Vietnam one year in advance? What is included in the application for renewal of the Permit to Establish a Representative Office in Vietnam?
Hi Editor, I have an issue that needs to be addressed. The license to extend the establishment of my office's representative office is still valid for 1 year, but I want to extend it soon to make changes to the Head of Representative Office. Can you please explain to me that I can extend the License term for the establishment of the Representative Office 1 year in advance?
Looking forward to the Editor answering this issue, thank you very much.
Is it possible to apply for renewal of the License for establishment of representative office in Vietnam one year in advance?
Pursuant to Article 23 of Decree 07/2016/ND-CP stipulating the order and procedures for renewal of the License for establishment of Representative Offices, License for establishment of Branches as follows:
1. At least 30 days prior to the expiry of the license, the applicant shall apply for extension of the License for Establishment of the branch or representative office.
2. 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).
3. 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.
4. 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.
5. 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.
Thus, according to the above provisions, it is not possible to extend the license for establishment of a representative office one year in advance. If you want to submit your application for renewal of the Permit to establish a Representative Office in Vietnam , it must be submitted at least 30 days in advance before the Permit expires.
What is included in the application for renewal of the Permit to Establish a Representative Officein Vietnam?
In Article 22 of Decree 07/2016/ND-CP, the dossier for renewal of the License for establishment of a representative office is as follows:
1. An application for extension of the License for Establishment shall include:
a) 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.
b) Copies of the Certificate of Business registration or equivalent documents of the foreign trader;
c) 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;
d) Copies of the existing License for Establishment of the branch or representative office
2. Documents specified in point b, clause 1 of this Article shall be translated into Vietnamese and certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam. Documents specified in point c, clause 1 of this Article shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.
Best Regards!
