Procedures for terminating the operation of representative offices of foreign traders according to the law

What are the procedures for terminating representative offices of foreign traders?

1. What are the cases of termination of operation of Representative Offices and Branches?

Pursuant to Article 35 of Decree 07/2016/ND-CP stipulating cases of termination of operation of Representative Offices and Branches as follows:

– At the request of foreign traders.

– When foreign traders terminate operations according to the law of the country or territory where the trader is established or registered for business.

– Expiry of the operating period under the License to establish a Representative Office, License to establish a Branch without the foreign trader requesting an extension.

– Expiry of the operating period under the License to establish a Representative Office, License to establish a Branch without the approval of the Licensing Agency. term.

– Revoked License to establish Representative Office, License to establish Branch according to the provisions of Article 44 of this Decree.

– Foreign traders, Representative Offices, Branches no longer meet one of the conditions specified in Article 7 and Article 8 of this Decree.

2. What do dossiers for termination of operation of Representative Offices and Branches include?

Pursuant to Article 36 of Decree 07/2016/ND-CP stipulating dossiers for termination of operation of Representative Offices and Branches as follows:

(1) 01 set of documents, including:

+ Notice of termination of operations Representative Office, Branch according to the form of the Ministry of Industry and Trade signed by an authorized representative of the foreign trader, except for the case specified in Clause 5, Article 35 of this Decree;

+ Copy of document of the Licensing Agency not to renew the License to establish a Representative Office, License to establish a Branch (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, License to establish a Branch of the Licensing Agency (for the cases specified in Clause 5, Article 35 of the Decree) this);

+ List of creditors and unpaid debts, including tax debt and social insurance payment debt;

+ List of employees and their current respective benefits;

+ Original copy of License to establish Representative Office, License to establish Branch branch.

(2) Foreign traders and heads of Representative Offices and Branches terminating operations are jointly responsible for the truthfulness and accuracy of dossiers on terminating the operation of Representative Offices and Branches.

(3) 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 in Points a and dd, Clause 1 of Article. this.

3. How are the order and procedures for resolving the termination of operations of Representative Offices and Branches?

Pursuant to Article 37 of Decree 07/2016/ND-CP stipulating the order and procedures for resolving the termination of operations of Representative Offices and Branches as follows:

(1) Foreign traders submit documents to terminate the operation of Representative Offices or Branches directly or by post or online (if applicable) to the Licensing Agency.

(2) Within 03 working days from the date of receipt of the dossier, the Licensing Agency shall check and request additional documents if the dossier is not complete and valid. Requesting additional documents can be made at most once during the document processing process.

(3) Within 05 working days from the date of receipt of complete and valid documents, the Licensing Agency is responsible for announcing on its website the termination of operations of the Representative Office or Branch.

4. When terminating the operation of a Representative Office or Branch, what obligations will there be?

Pursuant to Article 38 of Decree 07/2016/ND-CP stipulating the obligations related to the termination of operation of Representative Offices and Branches as follows:

– In addition to carrying out procedures for terminating operations as prescribed in Articles 36 and 37 This Decree, foreign traders, representative offices, and branches must publicly post the termination of operations at the headquarters of the representative office or branch and perform other obligations in accordance with the law when the representative office or branch terminates operations.

– Foreign traders whose representative offices and branches have terminated operations are responsible for implementing contracts, paying debts, including tax debt, and settling all benefits. legal for employees who have worked at Representative Offices and Branches according to the provisions of law.