The establishment license for a representative office is issued by the Department of Industry and Trade to foreign traders operating in Vietnam. The license records essential information such as the parent company, business activities, nationality, as well as details of the representative head, office address, and scope of activities. If any changes occur in the recorded information, the foreign trader must apply for an adjustment within 60 days.
The establishment license for a representative office is issued by the Department of Industry and Trade to foreign traders operating in Vietnam. The license records essential information such as the parent company, business activities, nationality, as well as details of the representative head, office address, and scope of activities. If any changes occur in the recorded information, the foreign trader must apply for an adjustment within 60 days.
Legal Basis:
• Commercial Law 2005;
• Decree 07/2016/ND-CP;
• Circular 11/2016/TT-BCT.
1. Cases Requiring Adjustment of the Representative Office License
According to Articles 15 and 17 of Decree 07/2016/ND-CP, foreign traders must apply for an adjustment of their representative office license in the following cases:
• Change of the name or address of the foreign trader;
• Change of the head of the representative office;
• Change of the name of the representative office;
• Change in the operational scope of the representative office;
• Change of the office address within the same province or centrally governed city under the jurisdiction of the same management authority.
2. Application Dossier for License Adjustment
Case 1: Change of the name, address, or business sector of the foreign trader (parent company)
• Application form for license adjustment (as per the prescribed form);
• Certified copy of the foreign trader's legal documents (latest version);
• Original establishment license of the representative office.
Case 2: Change of the head of the representative office
• Application form for license adjustment (as per the prescribed form);
• Appointment letter of the new head issued by the foreign trader;
• Certified copy of the passport or citizen identification card (if Vietnamese), or passport (if foreigner) of the new head;
• Documents proving that the previous head has fulfilled personal income tax obligations up to the date of change;
• Original establishment license of the representative office.
Case 3: Change of the representative office name
• Application form for license adjustment (as per the prescribed form);
• Original establishment license of the representative office.
Case 4: Change of the representative office address (within the same province/city under the same management authority)
• Application form for license adjustment (as per the prescribed form);
• Certified copy of the memorandum of understanding or lease agreement for the new location;
• Original establishment license of the representative office.
Note:
• All documents issued by foreign traders must be certified by the Ministry of Foreign Affairs of the respective country, legalized, and translated into Vietnamese in accordance with Vietnamese law.
If you need more information or support, please contact ADVN LAW for detailed advice.
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