Procedure for updating foreign representative office establishment license in Vietnam
I. Information
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Field:
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International commerce
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Agency in charge
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Industry and Trade Department
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Competence agency
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Industry and Trade Department
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Receiving unit
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Thua Thien Hue Public Administrative Services Center,1 Le Lai street - Hue city (Tel: 0234.3856868)
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Receiving time
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Monday to Saturday (except holiday as regulated)
(7:30 am - 11:00 am; 1:30 pm - 4:30 pm)
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II. Procedure
1. The procedure for updating license must be completed within 60 days since changes as prescribed on Article 15 Decree 07/2016/ND-CP were made.
2. The foreign trader submits the dossier directly, via post office or online (if conditions fulfilled)
3. Within 03 working days since the dossier is submitted, the competent agency checks and makes request once only for supplementary documents (if any).
4. Except for cases regulated on Clause 5 Article 15 of Decree 07/2016/ND-CP, the competent agency makes decision to update the representative office establishment license within 05 working days since the dossier is fully submitted. If not, a written refusal should be made.
5. In case the scope of operation of the representative office is inconsistent with Vietnam’s Commitment or the foreign trader is not residing in the countries or territories joining in treaties to which Vietnam is a member, the representative office can only be established if relevant Ministers, Heads of ministerial agencies give approval. If the representative office establishment is not included in relevant legal documents, the competent agency sends a document to ask for relevant Ministry’s feedback within 03 working days since full dossier is submitted.
Within 05 working days since the relevant Ministry received the document from competent agency, the Ministry files a written document regarding to agreement or disagreement.
Five working days after having received the reply from the Ministry, competent agency makes decision on updating license. If not, a detail refusal should be made.
Method of implementation:
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Processing time
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Fee
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Description
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Postal services
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5 working days
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VND 1.500.000
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05 working days, since receiving full valid documents
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Direct
Thua Thien Hue Public Administrative Services Center
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5
working days
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VND 1.500.000
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05 working days, since receiving full valid documents
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Online via Public Administrative Services Portals https://dichvucong.thuathienhue.gov.vn) or (https://dichvucong.gov.vn)
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5
working days
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VND 1.500.000
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05 working days, since receiving full valid documents
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III. Dossier:
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Name of the dossier
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Quantity
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- If change is made to the representative office’s scope of operation or the office is moved to a centrally managed city/province or area under the management of the Management Board:
+ Copy of the memorandum of understanding or leasing agreement or copy of document that proves the foreign trader’s rights to exploit or use the headquarter location
+ Copy of documents regarding to expected location of the representative office.
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Original: 0
Copy: 1
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1. The petition for updating representative office establishment license. (form provided by Industry and Trade Ministry and signed by the competent representative of the foreign trader).
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Original: 1
Copy: 0
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- Change made to name and headquarters:
The copy of document which is provided by competent agency regarding to change made to the representative office’s name and headquarters.
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Original: 0
Copy: 1
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3. The original representative office establishment license.
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Original: 1
Copy: 0
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2. Documents proving changes made.
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- The head of the representative office is changed:
+ Document regarding to appointing new leader of the representative office.
+ Copy of passport/identity card or citizen identity card (for Vietnamese)
+ Copy of passport (for foreigner)
+ Documents proving that the former leader of the representative office has already performed individual income tax at the time the new leader is appointed.
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Original: 0
Copy: 1
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IV. Requirements:
The foreign trader is required to update the representative office establishment license if the following changes are made:
1. Name or main headquarters
2. The head of the representative office
3. The name of the representative office
4. Scope of operation of the representative office
5. Move the headquarters to other centrally managed city/province or area under the management of the Management board.
V. Legal evidences