How are the procedures for re-issuing the License to establish a Representative Office in Vietnam of a foreign trade promotion organization?

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 field of trade promotion specified in Decree 14/2024/ND-CP.

Accordingly, procedures for re-issuing the License to establish representative offices of foreign trade promotion organizations in Vietnam are carried out in the following order:

The Foreign Trade Promotion Organization sends 01 set of dossier requesting re-issuance of the License to the Department of Industry and Trade of the provinces and cities where the Representative Office is located.

Re-issuance of License

– Within 14 days from the date of receipt of complete documents (as prescribed in point a, clause 1a, Article 28 of Decree 28/2018/ND-CP , supplemented at point a, clause 3 of Article 1 of the Decree 14/2024/ND-CP), the Licensing agency is responsible for re-issuing the License to the foreign trade promotion organization.

The re-issued License in this case has a term that coincides with the term of the License that is lost, burned, torn, crushed or otherwise destroyed.

– When receiving the application for re-issuance of the License to establish a Representative Office according to the provisions of Point b Clause 1a Article 28 Decree No. 28/2018/ND-CP (added at Point a Clause 3 of Article 1 Decree No. 14/2024/ND-CP), the dossier-receiving agency shall send a document to the Department of Industry and Trade of the province or centrally run city where the Representative Office is located to request opinions on the re-issuance of the License.

The Department of Industry and Trade of the province or centrally run city where the Representative Office is located shall respond in writing no later than 14 days from the date of receipt of the written request.

The time limit for reissuing the License to establish a Representative Office according to the provisions of Point b, Clause 1a, Article 28 of Decree 28/2018/ND-CP is 26 days from the date of receiving a complete application for reissuance from the foreign trade promotion organization. In case of refusal, the receiving agency must respond in writing and clearly state the reason, and return the original of the License to establish a Representative Office submitted according to the application for issuance. again.

The reissued license in this case has a term of 05 years but does not exceed the remaining term of the establishment license or documents of equivalent value of the foreign trade promotion organization in case the law of the country in which that organization is established stipulates the establishment license term.

Send an electronic copy of the reissued License:

After reissuing the License to establish a Representative Office, the licensing agency sends an electronic copy of the reissued License to the agencies specified in Clause 7, Article 26 Decree 28/2018/ND-CP (amended according to stipulations at point dd, clause 1, Article 1 Decree 14/2024/ND-CP).

Accordingly, a foreign trade promotion organization that carries out procedures to re-issue a Representative Office Establishment License will be re-issued a License within 14 days or 26 days from the date of receipt of complete documents depending on each case requesting re-issue of the License.

What is included in the dossier to request re-issuance of a Representative Office Establishment License?

Pursuant to subsection 3.3, Section 3, Decision 469/QD-BCT 2024 specifies that the application for re-issuance of the License to establish a representative office of a foreign trade promotion organization in Vietnam includes the following components:

– In case the Representative Office establishment license is lost, burned, torn,

Crushed or destroyed in other forms specified in Point a, Clause 1a, Article 28 of Decree 28/2018/ND-CP, supplemented in Point a, Clause 3 of Article 1 of Decree 14/2024/ND-CP:

01 written request to the Department of Industry and Trade of the province or centrally run city where the representative office is located

Reissue the License to establish a Representative Office according to Form No. 04 in the Appendix issued with Decree 14/2024/ND-CP

– In case of changing the location of the representative office’s headquarters to another province or centrally run city specified in point b clause 1a Article 28 Decree 28/2018/ND-CP, supplemented at point a, clause 3 of Article 1 of Decree 14/2024/ND-CP:

01 written request to the Department of Industry and Trade of the province or centrally run city where the Representative Office headquarters is expected to be relocated to re-issue the Representative Office Establishment License according to Form No. 04 in the Appendix issued with the Decree 14/2024/ND-CP;

Original license to establish a representative office of a foreign trade promotion organization in Vietnam that is still valid for at least 60 days;

Documents proving that the Representative Office’s headquarters has been publicly listed and published in a written or electronic newspaper licensed to be published in Vietnam for 03 consecutive issues regarding the transfer of the Representative Office’s headquarters to another province or city.

Accordingly, depending on each case, request to re-issue the Establishment License

Representative offices to which foreign trade promotion organizations must submit documents have different components.

How to submit an application to re-issue the License to establish a Representative Office?

According to Decision 469/QD-BCT 2024 How to submit application for re-issuance of Representative Office Establishment License as follows:

Directly at the headquarters of the Department of Industry and Trade of provinces and centrally run cities. The applicant must have a letter of introduction or authorization from the Representative Office of a foreign trade promotion organization.

Through the postal service.

Submit legally valid electronic application components online via the National Public Service Portal or the Provincial Administrative Procedures Information System.

Accordingly, there are three ways for a foreign trade promotion organization to submit an application for re-issuance of a Representative Office Establishment License, including:

Submit directly, submit via postal service to the headquarters of the Department of Industry and Trade of provinces and centrally-run cities and submit online via the National Public Service Portal or the Provincial Administrative Procedures Information System.

Decree 14/2024/ND-CP takes effect from March 25, 2024.