Do documents in the application for a Representative Office Establishment License need to be translated into Vietnamese?

Do documents in the application for a Representative Office Establishment License need to be translated into Vietnamese?

Pursuant to Article 10 of Decree 07/2016/ND-CP regulating license applications Establish a Representative Office as follows:

(1) 01 set of documents includes:

– Application for issuance of License to establish a Representative Office according to the form of the Ministry of Industry and Trade signed by an authorized representative of the foreign trader;

– Copy of Business Registration Certificate or documents of equivalent value of foreign traders;

– Document of the foreign trader appointing/appointing the head of the representative office;

– A copy of the audited financial statement or document confirming the implementation of tax or financial obligations in the most recent fiscal year or documents of equivalent value issued by a competent agency or organization where the foreign trader was established or confirming and proving the existence and operations of the foreign trader in the most recent financial year;

– Copy of passport or identity card or citizen identification card (if Vietnamese) or copy of passport (if foreigner) of the head of the Representative Office;

– Documents on the expected location of the representative office include:

+ A copy of the memorandum of understanding or location rental agreement or a copy of documents proving that the trader has the right to exploit and use the location to locate the representative office;

+ Copy of documents on the expected location of the representative office according to the provisions of Article 28 of this Decree and relevant legal regulations.

– Documents specified in Point b, Point c, Point d and Point dd (in case the copy of the passport of the head of the Representative Office is a foreigner) Clause 1 of this Article must be translated into Vietnamese and authenticated according to the provisions of Vietnamese law. Documents specified in Point b, Clause 1 of this Article must be certified or consularly legalized by Vietnamese diplomatic missions and consulates abroad in accordance with Vietnamese law.

Thus, based on Clause 2, Article 10 of Decree 07/2016/ND-CP, the documents in the application for a Representative Office Establishment License that need to be translated into Vietnamese are:

– Copy of passport of the head of the representative office who is a foreigner, copy of business registration certificate or documents of equivalent value of foreign traders;

– Document of the foreign trader appointing/appointing the head of the representative office;

– A copy of the audited financial statement or document confirming the implementation of tax or financial obligations in the most recent fiscal year or documents of equivalent value issued by a competent agency or organization where the foreign trader was established or confirming and proving the existence and operations of the foreign trader in the most recent financial year;

Authority to grant a License to establish a representative office of foreign traders in Vietnam?

Pursuant to Article 5 of Decree 07/2016/ND-CP there are regulations on entities with authority to grant licenses to establish representative offices of foreign traders in Vietnam as follows:

– Departments of Industry and Trade of provinces and centrally run cities where traders intend to locate representative offices outside industrial parks, export processing zones, economic zones, and industrial parks Hi-tech carries out the issuance, re-issuance, adjustment, extension, and revocation of the License to establish Representative Offices and terminates the operation of Representative Offices in cases where the establishment of Representative Offices has not been regulated in specialized legal documents.

– The Management Board of industrial parks, export processing zones, economic zones, and high-tech zones (hereinafter referred to as the Management Board) shall issue, re-issue, adjust, extend, and revoke the License to establish Representative Offices and terminate the operations of Representative Offices located in industrial parks, export processing zones, economic zones, and high-tech zones in cases where the establishment of Representative Offices has not been stipulated in specialized legal documents. industry

Is the request to supplement the license application made many times during the process of processing the application?

Pursuant to Article 11 of Decree 07/2016/ND-CP stipulating the order and procedures for granting a License to establish a Representative Office as follows:

– Foreign traders submit applications directly or by mail or online (if eligible) to the Licensing Agency where the Representative Office is expected to be located.

– Within 03 working days from the date of receiving 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.

– Except for the cases specified in Clause 4 of this Article, within 07 working days from the date of receipt of complete and valid documents, the Licensing Agency shall issue or not issue the License to establish a Representative Office for foreign traders. In case of refusal to grant a permit, there must be a written statement clearly stating the reason.

– In the case specified in Clause 5, Article 7 of this Decree and in cases where the establishment of a Representative Office has not been regulated in specialized legal documents, the Licensing Agency shall send a document to seek opinions from the specialized management Ministry within 03 working days from the date of receipt of complete and valid documents. Within 05 working days from the date of receiving the written request for opinions from the Licensing Agency, the Ministry of specialized management shall issue a document clearly stating its agreement or disagreement to grant a license to establish a Representative Office. Within 05 working days from the date of receiving the opinion of the specialized management ministry, the Licensing Agency shall grant or not grant the License to establish a Representative Office for foreign traders. In case of refusal to grant permission, there must be a document clearly stating the reason.

Thus, based on Clause 2, Article 11 of Decree 07/2016/ND-CP, the request for additional documents can only be made at most once throughout the application processing process.