How long can a foreign trader re-appoint the head of his representative office after this person is not present in Vietnam?

How long can a foreign trader re-appoint the head of his representative office after this person is not present in Vietnam?

In Article 33 of the Decree 07/2016/ND-CP stipulates as follows:

Head of Representative Office, Branch

…

5. In case the head of a Representative Office or Branch is not present in Vietnam for more than 30 days without authorizing another person to exercise the rights and obligations of the head of the Representative Office or Branch or is dead, missing, detained, sentenced to prison, or has limited civil act capacity, the foreign trader must appoint another person to be the head of the Representative Office or Branch.

Accordingly, if the head of the Representative Office or Branch is not present in Vietnam for more than 30 days without authorizing others to exercise the rights and obligations of the head of the Representative Office.

When changing the head of a representative office of a foreign trader, it is necessary to carry out procedures to adjust the License to establish a Representative Office, right?

In Clause 1, Article 15 of Decree 07/2016/ND-CP, it is stipulated as follows:

Cases of adjusting the License to establish a Representative Office and the License to establish a representative office Establishing a Branch

Foreign traders must carry out procedures to adjust the License to establish a Representative Office or the License to establish a Branch in the following cases:

1. Change the name or head office address of a foreign trader.

2. Changing the content of activities of foreign traders is directly related to the content of activities of the Branch in Vietnam.

3. Change of head of Representative Office, Branch.

Thus, when changing the head of a representative office of a foreign trader, it is necessary to carry out procedures to adjust the License to establish a representative office.

What is included in the adjustment file for the License to establish a representative office of a foreign trader when changing the head?

Documents to adjust the License to establish a Representative Office are carried out according to Article 16 of Decree 07/2016/ND-CP, specifically including:

Dossier for adjustment of Representative Office Establishment License, Branch Establishment License

1. 01 set of documents includes:

a) Application to adjust the License to establish a Representative Office, License to establish a Branch according to the form of the Ministry of Industry and Trade signed by an authorized representative of the foreign trader;

b) Documents proving the changed content, specifically:

– In case of adjusting the License specified in Clause 1 of Article 15 This Decree: Copy of legal documents issued by a competent authority proving the change in name or headquarter address of the foreign trader.

– In case of adjusting the License specified in Clause 2, Article 15 of this Decree: Copy of legal documents issued by the competent authority proving the change in the content of operations of the foreign trader.

– In case of adjusting the License Permission specified in Clause 3, Article 15 of this Decree: Document of the foreign trader appointing/appointing the new head of the Representative Office or Branch; copy of passport or identity card or citizen identification card (if Vietnamese) or copy of passport (if foreigner) of the new head of the Representative Office/Branch; Papers proving that the former head of the Representative Office or Branch has fulfilled the personal income tax obligation up to the time of change.

– In case of adjusting the License specified in Clauses 6 and 7, Article 15 of this Decree: 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 or branch; copy of documents on the expected location of representative offices and branches according to the provisions of Article 28 of this Decree and relevant legal regulations.

c) Original copy of license to establish representative offices and branches.

…

Thus, the dossier to adjust the License to establish a representative office of a foreign trader when changing the head includes:

(1) Application for adjustment of Representative Office Establishment License, Branch Establishment License according to the form of the Ministry of Industry and Trade signed by an authorized representative of the foreign trader;

(2) Documents proving the changed content, specifically:

– In case of adjusting the License specified in Clause 1, Article 15 of this Decree: Copy of legal documents issued by a competent authority proving the change in name or headquarter address of the foreign trader.

– Document of the foreign trader appointing/appointing the new head of the Representative Office or Branch; copy of passport or identity card or citizen identification card (if Vietnamese) or copy of passport (if foreigner) of the new head of the Representative Office/Branch; Documents proving that the former head of the Representative Office or Branch has fulfilled personal income tax obligations up to the time of change.

– Original copy of License to establish Representative Office, Branch.

Note: Documents proving the changed content in (1), (2) (in case the document of the foreign trader appointing/appointing the new head of the Representative Office is in a foreign language and a copy of the passport of the new head of the Representative Office is a foreigner) must be translated into Vietnamese and authenticated according to the provisions of Vietnamese law.