Tiếng Việt
中文Form for requesting re-issuance of a foreign trader’s Representative Office establishment license in Vietnam when the license is lost
Under clause 2, Article 1 of Circular 11/2016/TT-BCT:
Forms of application, licenses, reports, and notices of termination of operation of Representative Offices and Branches of foreign traders in Vietnam; forms of reports of the licensing authority
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1. The form of application for issuance/re-issuance of a Representative Office establishment license (re-issued under clause 1, Article 18 of Decree No. 07/2016/ND-CP) follows Form MĐ-1 of the Appendix issued with this Circular.
2. The form of application for re-issuance of a Representative Office establishment license (re-issued under clause 2, Article 18 of Decree No. 07/2016/ND-CP) follows Form MĐ-2 of the Appendix issued with this Circular.
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Also, under clause 2, Article 18 of Decree 07/2016/ND-CP:
Cases of re-issuance of Representative Office and Branch establishment licenses
A foreign trader carries out re-issuance procedures for a Representative Office or Branch establishment license in the following cases:
1. Relocation of the Representative Office’s head office from one centrally-run province or city, or a geographical area under the management of one Management Board to another centrally-run province or city or geographical area under the management of another Management Board.
2. The Representative Office or Branch establishment license is lost, destroyed, damaged or obliterated in any form.
Accordingly, the form for requesting re-issuance of a foreign trader’s Representative Office establishment license in Vietnam when the license is lost follows Form MĐ-2 in the Appendix issued with Circular 11/2016/TT-BCT.
After re-issuing a Representative Office establishment license, what information must the licensing authority publish?
Information publication on Representative Offices is governed by Article 25 of Decree 07/2016/ND-CP:
Information publication on Representative Offices and Branches
Within 15 days from the date of issuance, re-issuance, adjustment, extension or revocation of a Representative Office or Branch establishment license, the licensing authority shall publish on its electronic information page the following contents:
1. Name and head office address of the Representative Office or Branch;
2. Name and head office address of the foreign trader;
3. Head of the Representative Office or Branch;
4. Number, issuance date, term of the Representative Office or Branch establishment license, and the licensing authority;
5. Scope of activities of the Representative Office or Branch;
6. Date of re-issuance, adjustment, extension or revocation of the Representative Office or Branch establishment license.
Accordingly, within 15 days from the date of re-issuing a Representative Office establishment license, the licensing authority must publish on its electronic information page the following contents:
(1) Name and head office address of the Representative Office;
(2) Name and head office address of the foreign trader;
(3) Head of the Representative Office;
(4) Number, issuance date, term of the Representative Office establishment license, and the licensing authority;
(5) Scope of activities of the Representative Office;
(6) Date of re-issuance of the Representative Office establishment license.
How long is a re-issued Representative Office establishment license valid?
The term of a re-issued Representative Office establishment license is governed by clause 2, Article 9 of Decree 07/2016/ND-CP:
Term of Representative Office and Branch establishment licenses
1. A foreign trader’s Representative Office or Branch establishment license is valid for 05 years but not exceeding the remaining term of the foreign trader’s business registration certificate or equivalent document where such document specifies a term.
2. The term of a re-issued Representative Office or Branch establishment license equals the term of the license previously issued.
3. The term of an extended Representative Office or Branch establishment license follows clause 1 of this Article.
Accordingly, the term of a re-issued Representative Office establishment license equals the term of the license previously issued.
Notes on applying current legal provisions
This article belongs to the Enterprise & M&A Knowledge group and is presented for reference, helping readers understand the legal issue at an overview level before preparing dossiers or conducting transactions.
Legal provisions may change depending on timing, locality, dossier type and specific circumstances. Where it is necessary to determine the exact legal basis applicable to your dossier, you should contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.
Common risks to note
- Applying legal texts that have been amended, supplemented or replaced.
- Preparing incomplete dossiers, documents or evidence.
- Misunderstanding the applicable conditions, procedures, time limits or competent authority.
- Signing, filing or conducting transactions without fully assessing legal risks.
How can ANT Legal help?
ANT Legal assists in reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling plans, and representing you in working with individuals, organizations or competent authorities when necessary.
For quick advice, you may contact a lawyer at 0966.475.966.
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