Procedure for adjustment of licenses for branches or representative offices for foreign businessmen

Procedure for adjustment of licenses for branches or representative offices for foreign businessmen

In the era of integration and globalization, Vietnam is an attractive investment destination for many foreign investors, which led to an increase in the establishment of representative offices for foreign companies. However, most foreign businessmen do not fully understand the investment law of Vietnam, including regulations on license adjustment procedure for establishment of representative offices for foreign investors.

1. What is representative offices for foreign traders

Viẹtnamese commercial law stated that: Vietnam-based representative office of a foreign businessmen means a dependent unit of such businessmen, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities within the extension permitted by Vietnamese law.

2. Procedure description

Within 60 days from the date of changes prescribed by law, the foreign trader shall apply for adjustments to the License for Establishment of their representative office or branch.

The foreign trader shall submit their application to the licensing agency where the representative office is expected to be located directly or by post or online (where applicable).

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)

Apart from cases where the written dossier must be sent to get opinions from specialized agencies, within 05 working days from the date of receipt of the valid application, the licensing agency shall send the applicant a written notification of whether the adjustments to the license or establishment of the representative office or branch are approved or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

In case of adjustments to Licenses for establishment of branches or representative offices that have yet to be governed by specialized legislative documents, 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 the application for adjustments to the License for Establishment of the branch, 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 adjustments for the License for Establishment of the representative office or branch is approved or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

3. Benefits of consultation from lawyers on Licenses adjustments procedure for establishment of branches or representative offices for foreign traders

With lawyers consultation on the subject, the client will clearly understand the procedure for adjusting the operation license of the representative office for foreign businessmen, and assured that the procedure is carried out within the prescribed time.

Experienced and professional lawyers with knowledge of the law will advise clients on what to prepare for the procedure, make sure that the client's legal rights and interests are protected in the best way. At the same time, in order to save time and minimize costs, Lawyers can also represent clients to prepare documents and carry out all necessary procedures.

Consultation on matters related to the procedure for adjustments to Licenses for establishment of branches or representative offices for foreign traders at HTC Vietnam Law Firm

HTC Vietnam Law Firm would like to provide consultation on matters related to the procedure for adjustments to Licenses for establishment of branches or representative offices for foreign traders for clients as follows:

- Consultation on application for adjustments to Licenses for establishment or representative offices

- Consultation on Penalty for not adjusting representative office license;

- Consultation on extension of representative offices of foreign traders;

- Consultation on drafting and checking related legal documents;

- Consultation on termination of operation of foreign representative offices in Vietnam.

Service Quality Commitment

The following are HTC Vietnam Law Firm’s Principles of Operation: Conscientious - Effective - Reliable. HTC Vietnam Law Firm assures quality, specifically as follows:

- Ensure that the work is carried out according to the agreed schedule, in accordance with the law, and in accordance with the code of ethics and Codes of Conduct of Vietnamese lawyers.

- Give priority to customers' interests, and make every effort to provide customers with the best quality of service.

- Respect the confidentiality of information that clients provided and information pertaining to the clients.

We are looking forward to a long-term cooperation.

Best Regards!

(Writer: Nguyen Thuy Hien/187; Date: 31/3/2022

Translator: Vu Ngoc Anh)