Tiếng Việt
中文When the Establishment License of a foreign trader’s Branch is lost, destroyed, damaged or annihilated in any form, the foreign trader may apply for re-issuance of the License under Clause 2, Article 18 of Decree 07/2016/ND-CP. In case of relocating the head office, a Representative Office moving to another province/city (or another Management Board) undergoes re-issuance; a Branch changing its head office address undergoes adjustment of the License under Articles 15–17 of Decree 07/2016/ND-CP.
1. Cases eligible for re-issuance of the License
– The License is lost, destroyed, damaged or annihilated in any form.
– Relocation of a Representative Office head office from a centrally-governed province/city (or a geographical area under the management of a Management Board) to another centrally-governed province/city (or an area under the management of another Management Board) — applies only to Representative Offices; a Branch changing its head office address undergoes adjustment of the License.
When the License is lost, the Branch/Representative Office should report to the Public Security agency where the loss occurred to have a basis and to prevent misuse of the lost license.
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2. Dossier and time limits for re-issuance
Article 19 of Decree 07/2016/ND-CP distinguishes dossiers by each re-issuance case. Where the License is lost, destroyed, damaged or annihilated (Clause 2, Article 18): the dossier consists of only 01 document — the application for re-issuance of the Representative Office/Branch Establishment License per the Ministry of Industry and Trade’s form, signed by the authorized representative of the foreign trader (Clause 2, Article 19). Where a Representative Office relocates to another province/city or Management Board (Clause 1, Article 18): the dossier includes 04 documents — application for re-issuance per form; notice of termination of the Representative Office sent to the licensing authority of the place of departure; copy of the issued License; documents on the proposed head office location at the destination (Clause 1, Article 19). Note: relocation applies only to Representative Offices; a Branch changing its head office address undergoes adjustment of the License under Articles 15–17, not re-issuance. On time limits: within 03 working days from receipt of the dossier, the licensing authority checks and requests supplements (at most one time); within 05 working days from receipt of a complete and valid dossier, the authority re-issues the License; in case of refusal it must reply in writing stating the reasons (Clauses 3, 4, Article 20). Authority: Branch — Ministry of Industry and Trade (Article 6); Representative Office — Department of Industry and Trade or Management Board of the industrial park/export processing zone/economic zone/high-tech park where the head office is located (Article 5).
3. Sending, archiving the License and announcements
Under Article 24 of Decree 07/2016/ND-CP, the licensing authority sends copies of the License to relevant agencies and the Branch archives the original License at the head office. The Branch is responsible for notifying the loss of the License for the licensing authority to update, and not using the lost License if it is found after re-issuance.
Notes on applying current legal regulations
The content of this article is presented for reference purposes, helping readers understand the legal issue at an overview level. Where advice is needed, you should contact an ANT Legal lawyer via 0966.475.966 for review and advice before proceeding.
Common risks to note
– Failing to report when the License is lost.
– Relocating to another province without re-issuance procedures.
– Using the License reported as lost after re-issuance.
How can ANT Legal help?
ANT Legal assists in preparing dossiers for re-issuance of Establishment Licenses for Branches and Representative Offices of foreign traders. For prompt advice, please contact our lawyers via 0966.475.966.
Frequently asked questions
When may the Establishment License of a foreign trader’s Branch be re-issued?
When the License is lost, destroyed, damaged or annihilated in any form (Clause 2, Article 18 of Decree 07/2016/ND-CP). Relocation to another province/city applies only to Representative Offices; a Branch changing its head office address undergoes adjustment of the License.
What does the dossier for re-issuing a lost License include?
Only 01 document — the application for re-issuance of the Establishment License per the Ministry of Industry and Trade’s form, signed by the authorized representative of the foreign trader (Clause 2, Article 19 of Decree 07/2016/ND-CP).
How long does re-issuance take?
Within 05 working days from receipt of a complete and valid dossier, the authority re-issues the License; in case of refusal it must reply in writing stating the reasons (Clauses 3, 4, Article 20 of Decree 07/2016/ND-CP).
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