Change License to establish a foreign representative office in Vietnam

The license to establish a foreign representative office is an important legal document to confirm the existence and legal operation of a foreign representative office in Vietnam. During the operation, the foreign representative office can change or change the information on the establishment license. In the following article, Viet An Law Firm will provide the necessary information for clients to change License to establish a foreign representative office in Vietnam according to legal regulations.

Circumstances need to carry out procedures to change the license to establish a Representative Office

According to Article 15 of Decree 07/2016/ND-CP, foreign traders must carry out procedures to change the License to establish a Representative Office in the following cases:

• Change of name or head office address of foreign traders
• Change of Head of Representative Office.
• Change the name of the Representative Office.
• Change the activities of the Representative Office.
• Change the head office address of a Representative Office in a province or city under the management of a Management Board.

When can the license to establish a foreign representative office be changed?

According to Article 18 of Commerce Law 2005, a foreign representative office is allowed to carry out procedures to change and change license information when it meets the following conditions:

• Completed procedures for declaring and paying personal income tax for the Head of Representative Office.
• Comply with regulations on notification of foreign representative office activities and the obligation to periodically report on foreign representative office activities.
• Prepare complete documents to change License to establish a foreign representative office in Vietnam according to Decree 07/2016/ND-CP for each specific change.

Application for changement License to establish a foreign representative office

Under Clause 1, Article 16 of Decree 07/2016/ND-CP, the dossier for changing the License to establish a foreign representative office includes the following documents:

• Original copy of Application for changement License to establish a foreign Representative Office according to the form of the Ministry of Industry and Trade signed by the authorized representative of the foreign trader according to the form downloaded below:
• Old License to establish a foreign Representative Office (01 original, will be replaced by a newly issued changed copy)
• In case of change of name/headquarters address: Copy of legal document issued by competent authority proving the change of name or headquarters address of foreign trader (01 Copy)
• In case of change of representative: Document of foreign trader appointing/designating the new head of Representative Office; copy of passport or identity card or citizen identification card (if Vietnamese) or copy of passport (if foreign) of the new head of Representative Office; documents proving that old head of Representative Office has fulfilled personal income tax obligations up to the time of change (01 Copy)
• In case of a change of head office: Copy of the memorandum of understanding or lease agreement or copy of a document proving that the trader has the right to exploit and use the location to set up the Representative Office; copy of the document on the proposed location of the Representative Office according to regulations in Article 28 of Decree 07/2016/ND-CP and relevant legal regulations (01 Copy)

Notes for documents in foreign languages

• Documents issued by foreign competent authorities must be consular legalized notarized translated into Vietnamese according to legal regulations.
• Documents not issued by foreign competent authorities or documents from electronic information sites only need to be translated into Vietnamese by a translation organization legally operating in Vietnam and do not require consular legalization.

Authority to Change License to establish a foreign representative office in Vietnam

According to Article 5 of Decree 07/2016/ND-CP regulating the authority to change the License to establish a foreign Representative Office in Vietnam, as follows:

• Department of Industry and Trade of provinces and centrally run cities.
• Management Board of industrial parks, export processing zones, economic zones, high-tech zones (hereinafter referred to as Management Board): in case the Representative Office headquarters is located in an industrial park, export processing zone, economic zone, high-tech zone.

Procedures for Changing License to establish a foreign Representative Office in Vietnam

Step 1: Apply for a change of License to establish a foreign representative office

Step 2: Receive and process documents

Step 3: Get opinions from the Specialized management Department (if any)

Step 4: Return results

State fee to change License to establish a foreign Representative Office

According to Point b, Clause 1, Article 4 of Circular 143/2016/TT-BTC, the fee for supplementing the License to establish a foreign Representative Office is VND 1,500,000/license.

Frequently Asked Questions

Will foreign traders be penalized if they do not carry out procedures to Change Licenses representative office when there are changes in legal cases?

According to Point d, Clause 2, Article 67 of Decree 98/2020/ND-CP, the act of not carrying out procedures to change or re-issue a license to establish a representative office in cases prescribed by law shall be subject to a fine of VND 10,000,000 to VND 20,000,000.

How long does it take to apply to change the representative office License?

According to Clause 1, Article 17 of Decree 07/2016/ND-CP, foreign traders must submit changement dossiers within 60 working days from the date of the change.

How long is the license to establish a foreign representative office in Vietnam?

According to Clause 1, Article 9 of Decree 07/2016/ND-CP, the License to establish a  foreign Representative Office is valid for 05 years but does not exceed the remaining term of the Enterprise Registration Certificate or equivalent document of the foreign trader in case such document has provisions on the term.

Change License of foreign representative office  service in Vietnam of Viet An Law Firm

• Consulting on regulations related to conditions, procedures, and documents for changing representative office licenses;
• Supporting in preparing documents and submitting documents to Change the License to establish a foreign representative office in Vietnam to competent authorities;
• Supporting consulting on regulations related to business operations and representative offices;
• Other legal services as requested by customers.

Above is all the information on the regulations for changing the License to establish a foreign representative office in Vietnam. If you have any related questions or need legal support regarding representative offices, please contact Viet An Law Firm, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat), for the best support!