Dissolution of a foreign representative office in Vietnam

Under the provisions of Commercial Law 2005, Article 16 prescribes foreign traders conducting commercial activities in Vietnam: Representative offices of foreign traders in Vietnam operate in compliance with the provisions of Vietnamese law on relevant issues. Therefore, the procedures of dissolving a foreign representative office must also comply with the provisions of Vietnamese law.

Cases representative offices of foreign traders are dissolved

• It is requested by its head office;
• The foreign trader ceases to operate under laws of the country or territory in which such foreign trader is established or registered;
• The License for Establishment of the representative office is expired but its head office does not apply for extension of the license;
• The licensing agency refuses to grant an extension of the expired License for Establishment of the representative office;
• The License for Establishment of the representative office is revoked;
• The foreign trader or its representative office no longer satisfies one of the requirements stipulated in Articles 7 Decree No.07/2016/NĐ-CP prescribed the conditions of establishing a representative offices.

A dossier for dissolution of representative offices of foreign traders in Vietnam

• A notice of dissolving the representative office (using the form issued by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader), excluding cases the representative office is revoked the license for Establishment of the representative office;
• Lists of creditors and the amount of debts, including outstanding taxes and social insurance premiums;
• Lists of employees and their respective rights;
• The original License for Establishment of the representative office;
• Copies of written refusals of grant of extension of the license or establishment of the representative office or branch (for those refused to grant an extension of the expired License) or a copy of the decision on revocation of the license for establishment of the representative office released by the licensing agency (for those are revoked the License).

The procedures for dissolution of representative offices of foreign traders in Vietnam

Step 1: Carry out procedures for terminating the validity of a tax code at the tax authority directly managing.

A dossier of terminating the validity of a tax code includes:

• The declaration terminates the validity of a tax code;
• Notice of dissolution of representative office for the above reasons in writing.

Step 2: Finalize tax for the head of the foreign representative office and the staff working in the representative office.

Step 3: Return the seal at PC64 police office of the provincial/city police.

Step 4: Submit a dossier for dissolution mentioned above to dissolve the representative office directly at the Department of Industry and Trade or online through the National Business Registration Portal.

Duration for processing: 

Within 5 working days after receiving a complete and valid dossier, the licensing agency shall publish on its website about the dissolution of the representative office.

Note:

Foreign traders and representative offices must publicly notice the dissolution of the representative office at the headquarters and implement other obligations as prescribed by law when the representative office is dissolved.

With the service of dissolving foreign representative offices, Viet An Law is always ready to exchange and support clients with necessary information.

Please contact Viet An Law Firm for specific advice.