Foreign traders have invested in a business and established a representative office in Bac Ninh. But changing the location of the branch or representative office in the course of operation, the establishment license could be lost and need to be re-issued. And you are wondering if this procedure is complicated? What documents need to be prepared and go through the steps.
Let’s answer those questions with Van Luat through the following article about the steps to re-grant a license to establish a branch or representative office of foreign traders in Bac Ninh.
Step 1: Identify the cases that need to re-grant the branch or representative office establishment license
Foreign traders shall carry out procedures for re-issuance of a representative office establishment license or a branch establishment license in the following cases:
- Relocating the head office of a representative office from a province, central city, or geographical area under the management of one Management Board to another province or city or geographical area under the management of another Management Board.
- The representative office establishment license, branch establishment license is lost, destroyed, damaged, or destroyed in any form.
Step 2: Prepare dossiers
A dossier of license re-issuance for establishing a branch or representative office includes the following papers:
Case 1: re-issuance due to relocation of representative office’s head office from a province, centrally-run city, or geographical area under the management of a Management Board to a province or city under another Central Government or in a geographical area under the management of another Management Board, dossier 01 includes:
- a) An application form for re-issuance of a representative office establishment license, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
- b) A notice of termination of operation of the representative office shall be sent to the licensing agency of the place of departure, according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader, unless the successful license is revoked. Representative office establishment, Branch establishment license
- c) A copy of the issued representative office establishment license;
Documents on the proposed location of the representative office of the place to move to include:
– A copy of the memorandum of agreement on leasing the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
– A copy of the document on the expected location of the representative office as prescribed
+ The location of the head office of a representative office or branch of a foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety, and health conditions, and other conditions according to regulations
+ Representative offices and branches are not allowed to lend or sublease their headquarters.
Case 2: Re-issued because the License for Establishment of Representative Office, License for Establishment of Branch is lost, destroyed, damaged or destroyed in any form, 01 set of dossier includes: Application form request for re-issuance of the License for Establishment of a Representative Office or a License for Establishment of a Branch, made according to the form of the Ministry of Industry and Trade, signed by an authorized representative of the foreign trader.
Step 3: Submit your application
Foreign traders submit dossiers directly or by post or online (if eligible) to the licensing agency where the representative office is attended to located.
Deadline for settlement:
Within 03 working days from the date of receipt of the dossier, the licensing agency shall examine and request supplementation if the dossier is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
Within 05 working days from the date of receipt of complete and valid dossiers, the licensing agency shall re-issue the license to establish a representative office or the license to establish a branch. In case of refusal to re-grant, a written explanation must be clearly stated.
Above, is the content of our advice on the order and procedures for re-granting the license to establish a branch or representative office for foreign traders in Vietnam. Hopefully, with this article, Van Luat can give you the most objective and basic view of a representative office, as well as the process and procedures for re-granting a license to establish a representative office for foreign traders. in Viet Nam. If you still have any questions about this procedure or other legal issues, please contact us so that the professional team of Van Luat Tu is still enthusiastic and attentive by phone number 0919 123 689, email: Lienhe @vanluat.vn, or you can come directly to our office.
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