Procedures for granting representative office establishment license of the Vietnam-based foreign trade promotion organization

Procedures for granting representative office establishment license of the Vietnam-based foreign trade promotion organization (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On March 5, 2024, the Minister of Finance issued Decision 469/QD-BCT on announcing new, abolished administrative procedures in the field of trade promotion within the scope of management functions of the Ministry of Industry and Trade. .

It contains detailed regulations on procedures for granting representative office establishment license of the Vietnam-based foreign trade promotion organization.

Procedures for granting representative office establishment license of the Vietnam-based foreign trade promotion organization

Specifically, the procedures for granting representative office establishment license of the Vietnam-based foreign trade promotion organization are prescribed as follows:

(1) Procedures:

- Foreign trade promotion organizations establishing representative offices in Vietnam send 01 set of application documents for a License to the Department of Industry and Trade of the province or centrally run city (licensing agency).
where the representative office is expected to be located.

- Within 20 days from the date of receipt of the complete dossier, the licensing agency shall consider and issue a representative office establishment license of the foreign trade promotion organization according to Form No. 02 in the Appendix issued together with Decree 14/2024/ND-CP; in case of refusal, the licensing agency must issue a written response clearly stating the reason. In cases where it is necessary to consult the Ministry of Public Security and the Ministry of National Defense according to the provisions of Clause 8 of Article 1 of Decree 28/2018/ND-CP (amended at Point e of Clause 1 of Article 1 of Decree 14/2024/ND-CP), the processing time is 40 days from the date of receipt of complete documents.

- The representative office establishment license shall be valid for a period of 05 years but not exceed the remaining effective period of the establishment license or the equivalent of the foreign trade promotion organization in case the law of the country where the organization is established prescribes the effective period of the establishment license.

(2) Implementation method: Foreign trade promotion organizations can choose one of the following methods of submitting documents:

- Directly at the headquarters of the Department of Industry and Trade in provinces and centrally run cities. The applicant must have a letter of introduction or authorization from the organization translated into Vietnamese and consularly legalized according to the provisions of Vietnamese law.

- Through the postal service system.

- Submit legally valid electronic application components online via the National Public Service Portal or the Provincial Administrative Procedures Information System.

(3) Components and quantity of documents:

- Document components include:

+ Written request for a License to establish a Representative Office according to Form No. 01 issued with Decree 14/2024/ND-CP amending and supplementing Decree 28/2018/ND-CP detailing the Law on Foreign Trade Management on a number of foreign trade development measures signed by authorized representatives of foreign trade promotion organizations;

+ Document from a competent foreign state agency allowing a trade promotion organization to establish a representative office in Vietnam or documents proving the organization's right to establish a representative office abroad ;

+ Copy of Establishment License or documents of equivalent value;

+ Copy of the Charter or operating regulations of the foreign trade promotion organization;

+ Charter or expected operating regulations of the Representative Office in Vietnam;

+ Report on the activities of the foreign trade promotion organization in the most recent year;

+ Appointment documents and resumes of the head and staff of the Representative Office in Vietnam.

The types of documents mentioned in the second (+) sign, 2nd, 3rd, 4th, 5th, 6th, and 7th must be translated into Vietnamese; The documents mentioned in the 2nd, 3rd, 4th, and 7th (+) marks must be consularly legalized according to the provisions of Vietnamese law.

- Number of documents: 01 set.

More details can be found in Decision 469/QD-BCT taking effect on March 5, 2024.

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