Contents
- I. Conditions for extension of license for establishment of representative office
- II. Competence to extend License for establishment of representative office
- III. Application for extension of License for establishment of representative office
- IV. Procedures for extension of the License for establishment of representative office
- V. Fee of the extension of License for establishment of representative office
I. Conditions for extension of license for establishment of representative office
Subject: Foreign traders who have been granted licenses for establishment of representative office.
Implementation time: at least 30 days prior to the expiration of the license.
Exception: Foreign traders prescribed in Article 44.
II. Competence to extend License for establishment of representative office
The Department of Industry and Trade of the province where the representative office is expected to be located outside industrial parks, export-processing zones, economic zones or hi-tech zones.
Management Boards of industrial parks, export-processing zones, economic zones or hi-tech zones (hereinafter referred to as Management Boards) shall extend the Licenses for establishment of the representative office which located in industrial parks, export-processing zones, economic zones or hi-tech zones.
*Note:
In case the establishment of representative office in fields prescribed by specialized legislative documents, the competence to extend licenses for establishment of representative office shall comply with provisions in those documents.
III. Application for extension of License for establishment of representative office
The application shall include:
- An application form for extension of the Licenses for Establishment of the representative office using the form promulgated by the Ministry of Industry and signed by a competent representative of the foreign trader;
- Notarized copies of the Certificate of Business registration or equivalent documents of the foreign trader (shall be translated into Vietnamese and certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam);
- Notarized copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam);
- Copies of the existing Licenses for Establishment of the representative office.
IV. Procedures for extension of the License for establishment of representative office
Step 1: At least 30 days prior to the expiration of the license, foreign traders shall apply for extension of the Licenses for Establishment of the representative office directly or by post or online (where applicable).
Step 2: Within 03 working days from the date of receipt of the application, the licensing agency shall examine such application and request the applicant to complete the application (if the application is incomplete) . The request for supplementation to the application shall be made only once during the processing of the application.
Step 3: Within 05 working days from the date of receipt of the valid application, the licensing agency shall grant an extension of the Licenses or establishment of the representative office to the applicant. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
Step 4: In case the extension of the Licenses for establishment of the representative office is not prescribed by specialized legislative document
- 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
- 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 they approve for the application for extension of the Licenses for Establishment of the representative office
- 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 extension is granted or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
V. Fee of the extension of License for establishment of representative office
According to Circular 143/2016/TT-BTC, the extension fee is 1.500.000 VND/per license.
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