Application form to re-issue a License to establish a Representative Office of a foreign trader in Vietnam when the license is lost?

Application form to re-issue a License to establish a Representative Office of a foreign trader in Vietnam when the license is lost?

Pursuant to Clause 2, Article 1 of the Circular 11/2016/TT-BCT stipulates as follows:

Forms of Application, License, Report, Notice of termination of operations of Representative Offices and Branches of foreign traders in Vietnam; Licensing Authority Report sample

1. Application form for issuance and re-issuance of the License to establish a Representative Office (re-issue according to the provisions of Clause 1, Article 18 of Decree No. 07/2016/ND-CP) according to Form MD-1 of the Appendix issued with this Circular.

2. Application form for re-issuance of Representative Office Establishment License (re-issue according to the provisions of Clause 2, Article 18 of Decree No. 07/2016/ND-CP) according to Form MD-2 of the Appendix issued with this Circular.

…

At the same time, based on Clause 2, Article 18 of Decree 07/2016/ND-CP stipulates:

Cases of re-issuance of Representative Office Establishment License, Branch Establishment License

Foreign traders carry out procedures for re-issuance of Representative Office Establishment License, Branch Establishment License in the following cases:

1. Relocating the headquarters of the Representative Office from a province, centrally run city, or geographical area under the management of a Management Board to another province, centrally run city or geographical area under the management of another Management Board.

2. License to establish Representative Office, License to establish Branch is lost, destroyed, damaged or destroyed in any form.

Thus, the application form to re-issue the License to establish a representative office of a foreign trader in Vietnam in case the license is lost is made according to Form MD-2 in the Appendix issued with Circular 11/2016/TT-BCT.

After re-issuing the License to establish a Representative Office, what information is the Licensing Agency responsible for disclosing?

Disclosure of information about Representative Offices is stipulated in Article 25 of Decree 07/2016/ND-CP as follows:

Disclosure of information about Representative Offices and Branches

Within 15 days from the date of issuance, re-issuance, adjustment, extension and revocation of the Office Establishment License Representative, Branch Establishment License, Licensing Agency is responsible for publishing on its website the following contents:

1. Name and head office address of Representative Office and Branch;

2. Name and headquarters address of the foreign trader;

3. Head of Representative Office, Branch;

4. Number, date of issue, duration of License to establish Representative Office, License to establish Branch, License issuing agency;

5. Operational content of Representative Offices and Branches;

6. Date of re-issuance, adjustment, extension and revocation of Representative Office Establishment License, Branch Establishment License.

Thus, according to regulations, within 15 days from the date of re-issuance of the License to establish a Representative Office, the Licensing Agency is responsible for publishing on its website 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 Representative Office;

(4) Number, date of issue, and validity period of the License to establish a Representative Office and the License-issuing Agency;

(5) Operational content of the Representative Office;

(6) Date of re-issuance of the License to establish a Representative Office.

How long is the license to establish a representative office renewed?

The term of the reissued Representative Office Establishment License is specified in Clause 2, Article 9 of Decree 07/2016/ND-CP as follows:

Duration of Representative Office Establishment License, Branch Establishment License

1. The License to establish a Representative Office or the License to establish a Branch of a foreign trader has a term of 05 years but does not exceed the remaining term of the Business Registration Certificate or documents of equivalent value of the foreign trader in case those documents have regulations on the term.

2. The term of the Representative Office Establishment License or Branch Establishment License is re-issued equal to the term of the previously issued License.

3. The term of the Representative Office Establishment License and Branch Establishment License is extended as prescribed in Clause 1 of this Article.

Thus, according to regulations, the term of the reissued Representative Office Establishment License is equal to the term of the previously issued License.