Procedures for changing the address of a representative office of a foreign trader in Vietnam within the same province. Let’s find out more with Pham Consult!

55In the context of deep international economic integration, the establishment and operation of representative offices of foreign traders in Vietnam is becoming increasingly popular. Representative offices are not only an important bridge to help foreign enterprises access the Vietnamese market but also play a key role in exploring investment opportunities, promoting trade and advertising products and services. However, during the operation process, changing the head office address is a frequently arising need, requiring traders to strictly comply with relevant legal regulations. Understanding and correctly implementing the procedures for changing the address on the Representative Office Establishment License not only ensures continuous and legal business operations but also helps businesses avoid unnecessary legal risks.

  1. Regulations of Vietnamese law on changing the address within the same province of the Representative Office of a foreign trader

According to the provisions of Article 7 of Decree 07/2016/ND-CP of the Government on Representative Offices and Branches of Foreign Traders in Vietnam, foreign traders are granted a License to establish a Representative Office when meeting the legal conditions. In case the Representative Office changes its head office address and this change of address is made within a province, centrally-run city or within a geographical area under the management of a Management Board, then the Representative Office of the foreign trader will have to carry out procedures to adjust the license to establish the Representative Office according to the provisions of Clause 6, Article 15 of Decree 07/2016/ND-CP.

  1. Documents for changing the address within the same province of the Representative Office of a foreign trader in Vietnam

Documents for changing the address within the same province of the Representative Office of a foreign trader are stipulated in Article 16 of Decree 07/2016/ND-CP, including the following types of documents:

(i) Application for adjusting the License to establish a Representative Office (Form MD-3 issued with Circular No. 11/2016/TT-BCT of the Ministry of Industry and Trade) signed by the authorized representative of the foreign trader;

(ii) Documents proving the content of the address change, specifically: A copy of the memorandum of understanding or agreement to lease the location or a copy of the document proving that the trader has the right to exploit and use the location to set up the Representative Office; A copy of the document on the proposed location of the Representative Office as prescribed in Article 28 of Decree 07/2016/ND-CP and relevant legal provisions;

(iii) The original copy of the Representative Office Establishment License.

  1. Procedures for changing the address within the same province of a Representative Office of a foreign trader in Vietnam

Note: Within 60 working days from the date of change of address, the foreign trader must carry out procedures to adjust the Representative Office Establishment License.

The foreign trader prepares 01 set of documents and submits the documents directly or by post or online (if applicable) to the Licensing Authority.

Within 03 working days from the date of receipt of the documents, the Licensing Authority shall check and request additional documents if the documents are incomplete or invalid. The request for additional documents shall be made a maximum of once during the entire process of handling the documents.

Within 05 working days from the date of receipt of a complete and valid dossier, the licensing authority shall adjust or not adjust the Representative Office Establishment License. In case of no adjustment, a written document stating the reasons must be provided.

 

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