Tiếng Việt
中文When the Establishment License of a foreign trader’s Representative Office is lost, the trader may undergo procedures for re-issuance of the License under Article 18 of Decree 07/2016/ND-CP. Cases eligible for re-issuance include: (a) relocating the Representative Office head office from one province/city to another (or between areas under different Management Boards); (b) the License being lost or damaged; (c) changing the contents of the issued License.
1. Dossier for re-issuance when the License is lost
Under Articles 18 and 19 of Decree 07/2016/ND-CP, the re-issuance dossier includes: application for re-issuance of the Representative Office Establishment License (per the Ministry of Industry and Trade’s form); copy of the foreign trader’s business registration certificate or equivalent document (consular legalized and translated into Vietnamese, certified); document of the foreign trader appointing the head of the Representative Office; copy of the passport of the head (for foreigners); documents on the location of the Representative Office head office. Where the License is lost, the application must clearly state the reason for the loss and commit to accuracy.
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2. Procedures and time limits for re-issuing a Representative Office License
– Step 1: The foreign trader submits 01 dossier set at the Department of Industry and Trade of the province/city where the Representative Office head office is located (directly or online).
– Step 2: Within 05 working days from receipt of a complete and valid dossier, the Department of Industry and Trade re-issues the License; in case of refusal it must reply in writing stating the reasons.
– Step 3: The re-issued License retains the validity period of the lost License (no extension of validity).
3. Notes while re-issuance is pending
While waiting for re-issuance, the Representative Office still exists lawfully but should limit transactions requiring presentation of the original License; and immediately notify the Department of Industry and Trade and the police agency where the head office is located of the loss for guidance. If the License is about to expire, the trader should combine extension procedures at the same time to save time.
Notes on applying current legal regulations
The content of this article is presented for reference purposes, helping readers understand the legal issue at an overview level. Forms and authority follow the current regulations of the Ministry of Industry and Trade. Where advice is needed, you should contact an ANT Legal lawyer via 0966.475.966 for review and advice before proceeding.
Common risks to note
– Continuing operations without re-issuance when the License must be presented.
– Dossier lacking consular legalized documents.
– Confusing re-issuance with extension of the License.
– Failing to notify competent authorities of the loss.
How can ANT Legal help?
ANT Legal assists in procedures for re-issuance, extension and adjustment of Representative Office and Branch Licenses of foreign traders. For prompt advice, please contact our lawyers via 0966.475.966.
Frequently asked questions
Can a lost Representative Office Establishment License be re-issued?
Yes. The foreign trader undergoes re-issuance procedures under Article 18 of Decree 07/2016/ND-CP; eligible cases include: License lost or damaged; relocation to another province/city; change of the issued License’s contents.
What does the re-issuance dossier include?
Application for re-issuance (clearly stating the reason for loss and committing to accuracy); copy of the foreign trader’s business registration certificate (consular legalized, translated into Vietnamese, certified); document appointing the head; copy of the head’s passport; documents on the head office location.
How long does re-issuance take?
Within 05 working days from receipt of a complete and valid dossier, the Department of Industry and Trade re-issues the License; the re-issued License retains the validity period of the lost License.
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Regulations on Representative Offices of foreign traders in Vietnam under Vietnamese law
Procedures for opening a foreign company branch in Vietnam
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