Applications and procedures for grant of Licenses for Establishment of representative offices in Vietnam

Applications and procedures for grant of Licenses for Establishment of representative offices in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Requirements for grant of Licenses for Establishment of representative offices in Vietnam

According to Article 7 of Decree 07/2016/ND-CP, foreign traders shall be granted Licenses for Establishment of representative offices if they satisfy the following requirements:

- The foreign trader is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;

- The foreign trader has come into operation for at least 01 year from the date of establishment or registration;

- The Certificate of Business Registration or the equivalent document is valid for at least 01 more year from the date of submission of the application;

- The scope of operation of the representative office is consistent with that in Vietnam’s Commitments to treaties to which Vietnam is a signatory;

- Where the scope of operation of the representative office is inconsistent with Vietnam’s Commitments or the foreign trader is not located in the country or territory being party to treaties to which Vietnam is a signatory:

The representative office can be established only if relevant Ministers, Heads of ministerial agencies (hereinafter referred to as “relevant Ministers”) have given approval for establishment of the representative office.

2. Applications for Licenses for Establishment of representative offices in Vietnam

Article 10 of Decree 07/2016/ND-CP stipulates the applications for Licenses for Establishment of representative offices in Vietnam as follows:

* An application for License for Establishment of a representative office:

- An application form for License for Establishment of the representative office using the form promulgated by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader.

- Copies of the Certificate of Business Registration or equivalent documents of the foreign trader;

- A letter of appointment of the head of the representative office;

- 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;

- Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office;

- Documents on the expected location of the representative office including:

+ Copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office;

+ Copies of documents on the expected location of the representative office in accordance with provisions of Article 28 of Decree 07/2016/ND-CP and related laws.

* Documents (for the head of the representative office being foreigners) shall be translated into Vietnamese and certified true in accordance with laws of Vietnam including:

- Copies of the Certificate of Business Registration or equivalent documents of the foreign trader;

- A letter of appointment of the head of the representative office;

- 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;

- Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office;

* Copies of the Certificate of Business Registration or equivalent documents of the foreign trader shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam under laws of Vietnam

3. Procedures for grant of Licenses for Establishment of representative offices in Vietnam

Procedures for grant of Licenses for Establishment of representative offices in Vietnam according to Article 11 of Decree 07/2016/ND-CP are as follows:

- The foreign trader shall submit the 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 such application.

- Apart from those specified in clause 4 of Article 11 of Decree 07/2016/ND-CP, the licensing agency shall send the applicant a written notification of whether the license or establishment of the representative office is granted or not within 07 working days from the date of receipt of the valid application. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

- For those specified in clause 5, Article 7 of Article 11 of Decree 07/2016/ND-CP and the establishment of representative offices that has not prescribed 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 or not they approve for the application .

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 License for Establishment of the representative office is granted .

In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

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