Procedure for changing the location

After a period of establishment and operation of a representative office in Vietnam, some foreign traders will wish to change the location of the office. The common reason for this change is due to the expiration of lease contract, or when trader no longer want that location because of disadvantages, rental prices, etc…. When wishing to change the location, foreign traders must also change the license, therefore, they need to carry out procedures to change the address of the representative office, specifically as follows:

Pursant to Decree No.07/2016/NĐ-CP:

• In case the representative office relocates to another place in the same province or territory within the administration of Management Board, foreign trader shall have to adjust the Licenses for Establishment of representative offices.
• In case the representative office relocates to another province or territory within the administration of another Management Board, foreign trader shall have to regrant Licenses for Establishment of representative offices.
•  Procedure for adjust the License for Establishment of representative office:

An application for adjust the license comprises:

• An application form;
• Documents as proof of adjustments, may include: copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office; copies of documents on the expected locations of the representative office.
• Authorization letter (if the representative does not directly carry out the procedure).

Within 60 days from the date of changes in location, the foreign trader shall apply for adjustments the License for Establishment of their representative office.

Duration: 05 working days from the date of the receipt of application.

Result: The License for Establishment of representative offices (with new location) or a written note specified the reasons for rejection.

•  Procedure for re-grant the License for Establishment of representative office:

Before applying for re-grant the license for establishment of a representative office at the compenent agency, the foreign trader shall have to carry out the formality to shutdown the representative office in the where it is currently located.

Application for shutdown the representative office shall include:

• A notification of shutdown of the representative office (follow the form in Cirular No.11/2016/TT-BCT);
• The original License for Establishment of representative office.

Foreign trader shall submit the application to licensing agency. Within 05 working days from the date of receipt of the valid application, the licensing agency shall publish the decision on shutdown of the representative office on their portal.

After having that decision, foreign trader can move to the next procedure:

Application for re-grant the License for Establishment of their representative office comprises:

• An application form;
• An announcement of shutdown of the representative office submitted to the licensing agency in which the representative office is currently located;
• Copies of the existing License for Establishment of the representative office;
• Copies of documents on the expected location of the representative office.
• Authorization letter (if the representative does not directly carry out the procedure).

Within 30 days from the date of changes in location, the foreign trader shall apply for re-grant the License for Establishment of their representative office.

Duration: 05 working days from the date of the receipt of application.

Result: The License for Establishment of representative offices (with new location) or a written note specified the reasons for rejection.

Please contact HNLAW&PARTNERS Firm for further information about the conditions and procedures for relocation of foreign trader’s repretative office.

HNLAW&PARTNERS Firm is a reputable and professional unit providing consultancy services and supporting procedures related to the fields of: foreign investment; establishment of enterprises; apply for sub-license of conditional industries; protection of intellectual property; work permit…

For more details, please contact Hnlaw & Partners Law Firm

Email: tuvan.hnlaw@gmail.com

https://hnlaw.vn/investment-consultancy

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