Licensing Procedure for Representative Offices of Foreign Trade Promotion Organizations in Vietnam

How is the procedure for granting the License for establishing a Representative Office in Vietnam of a foreign trade promotion organization carried out?

1. How is the procedure for granting the License for establishing a Representative Office in Vietnam of a foreign trade promotion organization carried out?

On March 5, 2024, the Ministry of Industry and Trade issued Decision 469/QD-BCT 2024 announcing newly issued and abolished administrative procedures in the trade promotion sector as prescribed in Decree 14/2024/ND-CP.

Accordingly, the administrative procedure for granting the License for establishing a Representative Office in Vietnam of a foreign trade promotion organization is carried out in the following order:

(1) A foreign trade promotion organization establishing a Representative Office in Vietnam sends 01 set of dossier applying for the License to the Department of Industry and Trade of the province or centrally-run city (the licensing authority) where the Representative Office is planned to be headquartered.

(2) Within 20 days from the date of receiving a complete dossier, the licensing authority considers and grants the License for establishing a Representative Office to the foreign trade promotion organization under Form No. 02 in the Appendix issued together with Decree 14/2024/ND-CP; where not granted, the licensing authority must reply in writing and clearly state the reasons.

Where opinions of the Ministry of Public Security or the Ministry of National Defence must be sought under Clause 8 of Article 26 of Decree 28/2018/ND-CP as amended at point e of Clause 1 of Article 1 of Decree 14/2024/ND-CP, the settlement period is 40 days from the date of receiving a complete dossier.

Note: The License for establishing a Representative Office has a validity of 05 years but does not exceed the remaining validity of the establishment license or equivalent document of the foreign trade promotion organization where the law of the country of establishment provides a validity term for the establishment license.

Thus, a foreign trade promotion organization carrying out the License-granting procedure as above will be granted the License for establishing a Representative Office in Vietnam within:

– 20 days from the date of receiving a complete dossier,

– 40 days from the date of receiving a complete dossier where opinions of the Ministry of Public Security or the Ministry of National Defence must be sought.

2. What does the dossier applying for the License for establishing a Representative Office comprise under the new provisions?

Under Clause 2 of Article 26 of Decree 28/2018/ND-CP as amended by Clause 3 of Article 2 of Decree 14/2024/ND-CP, the dossier applying for the License for establishing a Representative Office in Vietnam of a foreign trade promotion organization comprises the following:

– Written request for the License for establishing a Representative Office under Form No. 01 in the Appendix issued together with Decree 14/2024/ND-CP, signed by the authorized representative of the foreign trade promotion organization;

– Document of the competent foreign state authority permitting the trade promotion organization to establish a Representative Office in Vietnam, or documents evidencing the right to establish a Representative Office abroad of the organization, translated into Vietnamese and consularly legalized under Vietnamese law;

– Copy of the establishment License or equivalent document translated into Vietnamese and consularly legalized under Vietnamese law;

– Copy of the Charter or operating regulations of the foreign trade promotion organization translated into Vietnamese and consularly legalized under Vietnamese law;

– Planned Charter or operating regulations of the Representative Office in Vietnam translated into Vietnamese;

– Report on the operation of the foreign trade promotion organization in the last 01 year translated into Vietnamese;

– Appointment document and curriculum vitae of the head, and curricula vitae of the personnel of the Representative Office in Vietnam, translated into Vietnamese and consularly legalized under Vietnamese law.

Thus, under the new provisions, the dossier for the License for establishing a Representative Office in Vietnam does not require an uncertified copy of the contract, agreement or related documents on the location of the Representative Office’s head office, but only the contents above.

3. How may the dossier applying for the License for establishing a Representative Office be submitted?

Under Clause 3 of Article 26 of Decree 28/2018/ND-CP as amended by point b of Clause 1 of Article 1 and point a of Clause 1 of Article 2 of Decree 14/2024/ND-CP, a foreign trade promotion organization may choose one of the following submission methods:

– Directly at the head office of the Department of Industry and Trade of the province or centrally-run city. The dossier submitter must have an introduction letter or authorization of the organization translated into Vietnamese and consularly legalized under Vietnamese law.

– Via the postal service system.

– Online submission of electronic dossier components with legal value via the National Public Service Portal or the provincial-level administrative procedure settlement information system.

Thus, under the new provisions, a foreign trade promotion organization may choose one of the above three methods to submit the dossier applying for the License for establishing a Representative Office in Vietnam.