Dissolution of representative offices of foreign traders in Vietnam

The provisions of Commercial Law 2005, Article 16 provides for foreign traders conducting commercial activities in Vietnam: Representative offices of foreign traders in Vietnam operate under the provisions of Vietnamese law in matters relate to. Therefore, the dissolution of foreign representative offices must also comply with the provisions of Vietnamese law on self-procedures and procedures.

Cases of dissolution of representative offices of foreign traders:

• According to foreign traders’s request;
• When a foreign head office terminates its operation in accordance with the laws of the country or territory where it has established or registered its business.
• Past the operational term of 05 years under the Representative Office License without renewal
• License of Representative Office was revoked
• Foreigners, representative offices no longer meet one of the conditions specified in Article 7 of Decree 07/2016/ND-CP to establish representative offices.

Dissolution dossier of representative offices of foreign traders:

• Notice of the termination of operation of the Representative Office by the Ministry of Industry and Trade signed by authorized representatives of foreign traders.
• List of creditors and unpaid debts, including tax debts and social insurance premiums;
• The list of workers and their respective current rights
• Original License for establishing Representative Office
• A copy of the License Issuing Authority’s document not renewing the Representative Office Establishment License or a copy of the Decision to revoke the Representative Office License (in case of not renewing the license)

Procedures for dissolution of representative offices of foreign traders

•  Step 1: Perform procedures to terminate the tax code at the tax office directly managing

Dossiers of invalidation of tax identification numbers include:

• Declaration of invalidation of tax code
• Written termination of representative office activities with the above reasons
•  Step 2: Tax finalization for the head of the foreign representative office and the staff at the representative office.
•  Step 3: Pay the seal at police office PC64 of provincial / municipal police.
•  Step 4: Submit the application for termination of the Representative Office directly at the Department of Industry and Trade or via http://dangkyquamang.dkkd.gov.vn

Processing time limit

• Within 05 working days from the date of receiving complete and valid dossiers, the License Issuing Authority shall publish on its website about termination of the Representative Office’s operation.

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