I would like to ask if I want to set up a branch of a foreign trader in Vietnam, what are the procedures for granting a license to establish a branch of a foreign trader?
Article table of contents
Procedures for issuance of license for establishment of the branch of a foreign trader in Vietnam
1. An application for the license for establishment of the branch of a foreign trader in Vietnam
An application for the license for establishment of the branch of a foreign trader specified in Article 12 of Vietnam's Decree 07/2016/ND-CP shall include:
(1) An application form for license for establishment of the branch using the form promulgated by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader.
(2) Copies of the Certificate of Business Registration or equivalent documents of the foreign trader;
(3) A letter of appointment of the head of the branch;
(4) 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;
(5) Copies of the branch charter;
(6) Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the branch;
(7) Documents on the expected location of the branch including:
- Copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the branch;
- Copies of documents on the expected location of the branch under Article 28 of Vietnam's Decree 07/2016/ND-CP and provision of related laws.
- Documents (2), (3), (4), (5), (6) for the head of the branch being foreigners shall be translated into Vietnamese and certified true in accordance with laws of Vietnam
- Document (2) shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam.
2. Procedures for issuance of license for establishment of the branch of a foreign trader in Vietnam
Step 1: Submit application
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
Step 2: Receipt of application
The licensing agency shall examine such application and request the applicant to complete their application within 03 working days from the date of receipt of 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.
Except for the case specified in Clause 4, Article 13 of Decree 07/2016/ND-CP, wthe licensing agency shall send the applicant a written notification of whether the license or establishment of the branch 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.
Step 3: Send a written request to the Ministry of Specialized Management (if any)
In the case specified in Clause 5, Article 8 of Decree 07/2016/ND-CP and and the establishment of branches that has not been 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.
Step 4: The specialized management ministry returns the results (if any)
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 for the License for Establishment of the branch.
Step 5: Return the result
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.
3. Cases ineligible for Licenses for Establishment of branches or representative offices
Pursuant to Article 14 of Vietnam's Decree 07/2016/ND-CP, the licensing agency shall refuse to grant the License for Establishment of the representative offices or branches to those that:
- Fail to satisfy one of requirements stipulated in Articles 7 of Decree 07/2016/ND-CP ( for applications for licenses or establishment of representative offices) or fail to satisfy one of requirements stipulated in Article 8 of Decree 07/2016/ND-CP(for applications for licenses or establishment of branches).
- Apply for the license or establishment of the representative office or branch within 02 years from the date of revocation of the license or establishment of the representative office or branch under Article 44 of Decree 07/2016/ND-CP;
- Be subject to restrictions from the establishment of representative offices and branches for reasons of national defense and security, social order, social ethics and community health.
- Be restricted by provisions of laws.
Ngoc Nhi
- Key word:
- branch establishment in Vietnam
