Documents for terminating branch operations of foreign traders operating in Vietnam

If a branch of a foreign trader operating in Vietnam has its license to establish a branch revoked, will its operations be terminated?

1. What are the cases of termination of branch operations of foreign traders operating in Vietnam according to the provisions of law?

Pursuant to Article 35 of Decree 07/2016/ND-CP on the cases of termination of branch operations of foreign traders operating in Vietnam as follows:

– At the request of foreign traders abroad.

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

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

– Expiry of the operating period under the License to establish an Office representative, License to establish a Branch without the approval of the Licensing Agency to extend.

– The License to establish a Representative Office, the License to establish a Branch has been revoked according to the provisions of Article 44 of this Decree.

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

Based on Clause 4, Article 35 of Decree 07/2016/ND-CP, the branch you are working for has its establishment license revoked is a case of terminating the branch operations of a foreign trader.

2. What documents are included in the dossier to terminate branch operations of a foreign trader operating in Vietnam?

In order to terminate the operation of a branch of a foreign trader operating in Vietnam, it is necessary to prepare the following papers and documents specifically stipulated in Article 36 of Decree 07/2016/ND-CP:

– 01 set of documents, include:

+ Notice of termination of operation of a Representative Office or 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 the document of the Licensing Agency not to extend the License to establish a Representative Office or the License to establish a Branch (for the case specified in Clause 4, Article 35 of this Decree) or a copy of the Decision to revoke the License to establish a Representative Office or the License to establish a Branch of the Licensing Agency (for the cases specified in Clause 5, Article 35 of this Decree);

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

+ List of employees and their current corresponding benefits labor;

+ Original copy of Representative Office Establishment License, Branch Establishment License.

– Foreign traders and heads of Representative Offices and Branches that terminate operations are jointly responsible for the truthfulness and accuracy of records on termination of operation of Representative Offices and Branches.

– In the case of Representative Office termination of operations. in a province, centrally run city or geographical area under the management of a Management Board to move the headquarters of the Representative Office to another province, centrally run city or geographical area under the management of another Management Board, the representative office termination dossier only includes the documents specified in Points a and dd, Clause 1 of this Article.

You need to prepare all the documents and documents. above documents when terminating the operation of a branch of a foreign trader operating in Vietnam.

3. How are the order and procedures for resolving the termination of operations of branches of foreign traders operating in Vietnam?

In order to proceed with the termination of operations of branches of foreign traders, it is necessary to follow the order and procedures as prescribed in Article 37 of Decree 07/2016/ND-CP as follows:

– Foreign traders Submit application for termination of operation of Representative Office or Branch directly or by post or online (if applicable) to the Licensing Agency.

– Within 03 working days from the date of receiving the dossier, the Licensing Agency checks and requests additional information if the dossier is not complete and valid. The request for additional documents is made at most once during the application processing process.

– 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.

The above are the latest legal regulations on the issue of termination of operations. of branches of foreign traders.