Changing the head of a representative office too many times will cause the office to Representatives of foreign traders have their operations terminated, right?

What positions must the head of a representative office of a foreign trader not hold?

The head of a representative office of a foreign trader must not hold the positions specified in Clause 6, Article 33 of the Decree Decree No. 07/2016/ND-CP as follows:

Head of Representative Office, Branch

…

6. The head of a representative office of a foreign trader must not concurrently hold the following positions:

a) Head of a branch of the same foreign trader;

b) Head of a branch of another foreign trader;

c) legal representative of that foreign trader or foreign trader other;

d) legal representative of an economic organization established under Vietnamese law.

7. In case the head of a representative office is authorized by a foreign trader to enter into a contract, amend or supplement an already signed contract, the foreign trader must make written authorization for each time a contract is entered into, amend or supplement a signed contract.

8. The head of a branch of a foreign trader must not concurrently hold the following positions:

a) Head of the Representative Office of another foreign trader;

b) Head of the Representative Office of the same foreign trader;

c) legal representative of an economic organization established under Vietnamese law Male.

Accordingly, the Head of a representative office of a foreign trader cannot concurrently hold the following positions:

– Head of branch of the same foreign trader;

– Heads of branches of other foreign traders;

– The legal representative of that foreign trader or another foreign trader;

– legal representative of an economic organization established in accordance with Vietnamese law.

If you change the head of a representative office too many times, the representative office of a foreign trader will be terminated, right?

If you change the head of a representative office too many times, the representative office of a foreign trader will be terminated, right? Based on Article 35 of Decree 07/2016/ND-CP as follows: following:

Cases of termination of operation of Representative Offices, Branches

Representative Offices, Branches of termination of operation in the following cases:

1. At the request of foreign traders.

2. When a foreign trader terminates its operations according to the laws of the country or territory where that trader was established or registered for business.

3. Expiry of the operating term under the License to establish a Representative Office or License to establish a Branch but the foreign trader does not request an extension.

4. The operating period under the Representative Office Establishment License or Branch Establishment License expires without the approval of the Licensing Agency to extend.

5. The License to establish a Representative Office and the License to establish a Branch have been revoked according to the provisions of Article 44 of this Decree.

6. Foreign traders, representative offices, branches no longer meet one of the conditions specified in Article 7 and Article 8 of this Decree.

Accordingly, a Representative Office will be terminated if it falls into the above cases, and there is no case of changing the head of the representative office too many times.

Thus, changing the head of a representative office too many times will not cause the foreign trader’s representative office to terminate its operations.

What does the dossier for terminating a representative office of a foreign trader include?

The dossier for terminating a representative office of a foreign trader is specified in Clause 1, Article 36 of Decree 07/2016/ND-CP as follows:

Dossier 01 set, including:

(1) Notice of termination of representative office operations according to the form of the Ministry of Industry and Trade signed by an authorized representative of the foreign trader, except for the cases specified in Clause 5, Article 35 of this Decree;

(2) Copy of the Licensing Agency’s document not to extend the License to establish a Representative Office (for the cases specified in Clause 4, Article 35 of this Decree) or a copy of the Decision to revoke the License to establish a Representative Office of the Licensing Agency (for the cases specified in Clause 5, Article 35 of this Decree);

(3) List of creditors and unpaid debts, including tax debt and social insurance payment debt;

(4) List of employees and their current respective benefits;

(5) Original License to establish Representative Office.

The foreign trader and the head of the Representative Office terminating its operations are jointly responsible for the truthfulness and accuracy of the representative office termination dossier.

Note: In the case of a Representative Office terminating its operations in a province, centrally run city or geographical area under the management of a Management Board to move the representative office’s headquarters to another province, centrally run city or geographical area under the management of another Management Board, the dossier for termination of representative office operations only includes the documents specified (1) and (5).