Renewal of License for establishment of representative offices under Decree 07/2016/ND-CP of Vietnam

Renewal of License for establishment of representative offices under Article 21, 22, 23, Decree 07/2016/ND-CP of Vietnam as follows:

Article 21. Cases of renewal of License for establishment of representative offices, branches

Foreign businesses shall renew License for establishment of representative offices, branches when it is expired as stipulated under the License, excluding acts of violation under cases of revoking License for establishment of representative offices, branches as stipulated under Article 44 of this Decree.

Article 22. Application dossier for renewal of License for establishment of representative office, branch

1. The dossier includes:

a) Application for renewal of License for establishment of representative office, branch pursuant to form issued by the Ministry of Industry and Trade and signed by authorized representative of foreign business;

b) Copy of Business Registration Certificate or equal documents of foreign businesses;

c) Copy of audited financial report or documents certifying the implementation of tax or financial obligations in the latest fiscal year or equal documents certified or issued by competent agencies to prove real existence and operation of foreign businesses in the latest fiscal year;

d) Copy of the License for establishment of representatives, branches;

2. Documents as stipulated under Point b Clause 1 of this Article must be translated into Vietnamese and certified by Vietnamese diplomatic representative agencies overseas and legalized in accordance with Vietnam’s laws.

Article 23. Orders, procedures of renewal of License for establishment of representative offices, branches

1. Application dossier of renewal of License for establishment of representative offices, branches must be submitted at least 30 days before it is expired.

2. Foreign businesses must submit directly or by post or online (if applicable) to the licensing agency;

3. Within 03 working days since the receipt of valid dossier, licensing agency shall examine and request for modification if the dossier is invalid and incomplete. The modification shall be done once at most during the process.

4. Within 05 working days since the receipt of valid dossier, licensing agency shall re-issue the license for establishment of representative offices, branches. If refusal, reasons must be stated in writing.

5. If the renewal of the License for establishment of representative offices, branches is not regulated under specialized legal documents, licensing agency shall get opinions from the Ministry of specialized management within 03 working days since the receipt of valid dossier. Within 05 working days since the receipt of request from the licensing agency, the Ministry of specialized management shall send its opinions in writing on approval or disapproval of renewal of the License for establishment of representative offices, branches. Within 05 working days since the receipt of written opinions from the Ministry of specialized management, licensing agency shall renew or refuse to renew the License for establishment of representative offices, branches for foreign businesses. If refusal, reasons must be clearly stated in writing.

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