When the license to establish a branch of a foreign trader is issued In addition to being lost, can it be reissued?

When will the Branch Establishment License be re-issued?

Pursuant to Article 18 of Decree 07/2016/ND-CP there are regulations on cases of re-issuance of Branch Establishment Licenses as follows: as follows:

“Article 18. Cases of re-issuance of Representative Office Establishment License, Branch Establishment License

Foreign traders shall carry out procedures for re-issuance of Representative Office Establishment License, Branch Establishment License in the following cases:

1. Relocating the representative office’s headquarters from a province or city directly under the Central Government central government, or geographical area under the management of a Management Board to another province, centrally run city or geographical area under the management of another Management Board.

2. License to establish Representative Office, License to establish Branch is lost, destroyed, damaged or destroyed in any form.”

Thus, based on Clause 2, Article 18 of Decree 07/2016/ND-CP, when the Branch Establishment License is lost, an application will be made to reissue the License.

When I lose the license to establish a branch of a foreign trader, do I need to declare it to the Ministry of Public Security?

Pursuant to Article 24 of Decree 07/2016/ND-CP stipulating sending and storing licenses as follows:

“Article 24. Sending and storing the License

1. The agency issuing the License to establish a Representative Office is responsible for sending a copy of the License to: the Ministry of Industry and Trade, the Ministry of specialized management (if relevant), the tax agency, the statistical agency, and the provincial police agency where the Representative Office is headquartered.

2. The agency issuing the License Establishing a Branch is responsible for sending a copy of the License to: the Ministry of specialized management (if relevant), the tax agency, the statistical agency, the provincial police agency, the Department of Industry and Trade where the Branch is headquartered or the Management Board (in case the Branch is headquartered in an industrial park, export processing zone, economic zone, high-tech zone).”

Thus, when losing the Branch Establishment License, only the procedure for re-issuance is carried out and there is no requirement to notify the police.

What does the application for re-issuance of a Branch Establishment License include?

Pursuant to Article 19 of Decree 07/2016/ND-CP stipulating the application for re-issuance of a Representative Office Establishment License, a Branch Establishment License includes the following documents:

– In case of re-issuance as prescribed in Clause 1, Article 18 of this Decree, 1 set of documents includes:

+ Application for re-issuance of the 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;

+ Notify the termination of operation of the Representative Office to the Licensing Agency of the place of relocation according to the provisions of Point a, Clause 1, Article 36 of this Decree;

+ Copy of the issued Representative Office Establishment License;

+ Documents on the expected location of the representative office at the place of relocation according to the provisions of Point e, Clause 1, Article 10 of this Decree.

– In case of re-issuance as prescribed in Clause 2, Article 18 of this Decree, 01 set of documents includes: Application for re-issuance of License to establish Representative Office, License to establish Branch according to the form of the Ministry of Industry and Trade signed by an authorized representative of the foreign trader.

Accordingly, based on Clause 2, Article 19 of Decree 07/2016/ND-CP, you need a set of documents including: Application for re-issuance 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.

What are the order and procedures for reissuing the Branch Establishment License?

Pursuant to Article 20 of Decree 07/2016/ND-CP stipulating the order and procedures for reissuing Representative Office Establishment Licenses and Branch Establishment Licenses as follows:

– Foreign traders shall carry out procedures to re-issue the License to establish a Representative Office for the cases specified in Clause 1, Article 18 of this Decree within 30 days from the date of notification of termination of representative office operations at the moving place. Past the above deadline, foreign traders must carry out procedures for granting a License to establish a representative office according to the provisions of Article 10 and Article 11 of this Decree.

– Foreign traders submit applications directly or by post or online (if eligible) to the Licensing Agency.

– 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.

– Within 05 working days from the date of receipt of complete and valid documents, the Licensing Agency will re-issue the License to establish a Representative Office and the License to establish a Branch. In case of non-reissue, there must be a document clearly stating the reason.

Above is our consultation regarding the re-issuance of the Branch Establishment License when lost.