Procedure for terminating foreign representative office under the management of license issuing agency

  
Industry and Trade Department

I. Information:

Field:

International commerce

Agency in charge

Industry and Trade Department

Competence agency

Industry and Trade Department

Receiving unit

Thua Thien Hue Public Administrative Services Center,1 Le Lai street - Hue city (Tel: 0234.3856868)

Receiving time

Monday to Saturday (except holiday as regulated)

(7:30 am - 11:00 am; 1:30 pm - 4:30 pm)

 

II. Procedure

Step 1: Individual/organization submits the dossier directly at Thua Thien Hue Public Administrative Services Center. The division in charge of receiving and returning results sends the receipt to individual/organization.

Step 2: The Management Board of Economic and Industrial Zone receives and checks dossiers:

+ The Management Board of Economic and Industrial Zone makes request for supplementary documents within 03 working days since the dossier is not fully submitted.

+ Within 05 working days since Industry and Commerce Ministry received the document, the Ministry files a written document regarding to approval or refusal.

Step 3: The Management Board of Economic and Industrial Zone sends the result to Thua Thien Hue Public Administrative Services Center.

 

 

III. Method of implementation:

Processing time

Fee

Description

Direct

5
working days

0

05 working days since receiving full valid documents

III. Dossier:

Name of documents

List of creditors and unpaid debts including both leasing fee and insurance payment;

List of employees and their current rights;

The original representative office establishment license;

Announcement of terminating representative office and branch. Form provided by Industry and Trade Ministry and signed by foreign trader. Except for cases regulated on Clause 5, Article 35, Decree 07/2016/ND-CP;

Document regarding to not extending the representative office establishment license (cases regulated on Clause 4, Article 35, Decree 07/2016/ND-CP) or the decision on revoking the representative office establishment license (cases regulated on Clause 5, Article 35, Decree 07/2016/ND-CP);

IV. Requirements:

The representative office is terminated in the following cases:

1.   Requested by the foreign trader

2.   The foreign trader terminates according to laws of the country or territory in which such foreign trader is established or registered.

3.   The establishment license expires and is not applied for extension by its head office

4.   The establishment license expires and is not allowed to extend by the competent agency

5.   The establishment license is revoked as regulated on Article 44, Decree 07/2016/ND-CP

6.   Foreign trader and representative offfice fail to meet one of the conditions regulated on Article 7 and Article 8 of Decree 07/2016/ND-CP.

V. Legal evidences

Legal documents

Forms regulated on Decree No. 07/2016/ND-CP of the Government dated January 25th, 2016 regarding to representative office and branch of foreign trader in Vietnam.

Detail regulation of the Trade Law regarding to representative office and branch of foreign trader in Vietnam.

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