Procedures for granting a license to establish a representative office in Vietnam of a foreign trade promotion organization

What are the procedures for granting a License to establish a representative office in Vietnam of a foreign trade promotion organization?

1. What are the procedures for granting a License to establish a Representative Office in Vietnam of a foreign trade promotion organization?

On March 5, 2024, the Ministry of Industry and Trade issued Decision 469/QD-BCT 2024 announcing the newly issued and abolished administrative procedures in the field of trade promotion specified in the Decree 14/2024/ND-CP.

Accordingly, the administrative procedures for granting a License to establish a representative office in Vietnam of a foreign trade promotion organization are carried out in the following order:

(1) Foreign trade promotion organization to establish a representative office in Vietnam sends 01 set of application documents License to the Department of Industry and Trade of the province or centrally run city (licensing agency) where the Representative Office is expected to be located.

(2) Within 20 days from the date of receiving complete documents, the Licensing agency shall consider and issue a License to establish a Representative Office for a foreign trade promotion organization according to Form No. 02 in the Appendix issued with the Resolution Decree 14/2024/ND-CP, in case of non-issue, the License-issuing agency must respond in writing and clearly state the reason.

In cases where consultation with the Ministry of Public Security and the Ministry of National Defense must be sought according to the provisions of Clause 8, Article 26 of Decree 28/2018/ND-CP, amended at Point e, Clause 1, Article 1 of the Decree 14/2024/ND-CP, the processing time is 40 days from the date of receipt of complete documents.

Note: The license to establish a representative office is valid for 05 years but does not exceed the remaining term of the establishment license or documents of equivalent value of the foreign trade promotion organization in case the law of the country in which that organization is established stipulates the duration of the establishment license. established.

Thus, a foreign trade promotion organization that carries out the above licensing procedures will be granted a license to establish a representative office in Vietnam within the following period:

– 20 days from the date of receipt of complete documents,

– 40 days from the date of receipt of complete documents in case the Ministry of Public Security or the Ministry of National Defense must be consulted.

2. What content does an application for a Representative Office Establishment License include according to the new regulations?

According to the provisions of Clause 2, Article 26, Decree 28/2018/ND-CP, amended by Clause 3, Article 2, Decree 14/2024/ND-CP, the application file for a License to establish a representative office in Vietnam of a foreign trade promotion organization includes the following contents:

– Written request for a License to establish a Representative Office according to Form No. 01 in the Appendix issued with Decree 14/2024/ND-CP signed by a competent representative of the foreign trade promotion organization;

– Documents of competent foreign state agencies allowing trade promotion organizations to establish representative offices in Vietnam or documents proving the organization’s right to establish representative offices abroad are translated into Vietnamese and consularly legalized according to the provisions of Vietnamese law;

– A copy of the Establishment License or documents of equivalent value translated into Vietnamese and consularly legalized in accordance with Vietnamese law;

– A copy of the Charter or operating regulations of the foreign trade promotion organization translated into Vietnamese and consularly legalized according to the provisions of Vietnamese law;

– The Charter or expected operating regulations of the Representative Office in Vietnam are translated into Vietnamese;

– Report on the activities of the foreign trade promotion organization in the most recent year translated into Vietnamese;

– Appointment documents and resumes of the head and resumes of personnel of the Representative Office in Vietnam are translated into Vietnamese and consularly legalized according to the provisions of Vietnamese law.

Thus, according to the new regulations, the application for a License to establish a Representative Office in Vietnam does not require an unauthenticated copy of the contract, agreement or related documents on the location of the Representative Office’s headquarters, but only needs to have the above content.

3. How to submit an application for a Representative Office Establishment License?

Pursuant to Clause 3, Article 26 of Decree 28/2018/ND-CP, amended by Point b, Clause 1, Article 1 and Point a, Clause 1, Article 2, Decree 14/2024/ND-CP, foreign trade promotion organizations can choose one of the following methods of submitting documents. following:

– Directly at the headquarters of the Department of Industry and Trade of the province or centrally run city. The applicant must have a letter of introduction or authorization from the organization translated into Vietnamese and consularly legalized in accordance with Vietnamese law.

– Through the postal service system.

– Submit legally valid electronic application components online via the National Public Service Portal or the Information System for handling administrative procedures. province.

Thus, according to the new regulations, foreign trade promotion organizations can choose one of the three methods above to submit an application for a License to establish a Representative Office in Vietnam.