Foreign traders need to change the head of the Representative Office (Head of the Representative Office) in Vietnam to suit the work of trade exchange and promotion with partners. According to Decree 07/2016 ND-CP detailing the Commercial Law on Representative Offices, guiding foreign traders when making changes to the Representative Office license to carry out procedures to submit to the Department of Industry and Trade. locality where the Representative Office is working 60 days before the deadline from the date of change in license content.
Commercial Law 2005;
Decree 07/2016/ND-CP detailing commercial law on representative offices and branches of foreign traders in Vietnam;
Circular 11/2016/TT-BCT regulates the form for implementing Decree No. 07/2016/ND-CP.
1. What is the procedure for changing the head of a representative office?
A representative office is a dependent unit of an enterprise, with the task of representing, according to authorization, the interests of the enterprise and protecting those interests. Representative offices do not perform business functions. The head of the representative office is the person responsible for the representative office’s activities. During the operation, the head of the representative office may change. The procedure for changing the head of a representative office is to notify the business to the business registration office about the change of head of the representative office.
2. Conditions to become head of representative office
According to the provisions of enterprise law, the head of a business location must meet the following conditions:
– People from 18 years old
– People who have full capacity for civil acts and have no difficulties in cognition or behavior control
– Not being prosecuted for criminal liability, being detained, serving a prison sentence, being subject to administrative handling measures at a compulsory detoxification facility, compulsory education facility or being banned by the Court holding positions, prohibited from practicing certain professions or doing certain jobs
– Not a cadre, civil servant or employee according to the provisions of the Law on Cadres, Civil Servants and the Law on Public Employees; officers, non-commissioned officers, professional soldiers, workers, and defense officials in agencies and units of the Vietnam People’s Army; officers, professional non-commissioned officers, and police workers in agencies and units under the People’s Public Security of Vietnam, except those appointed as authorized representatives to manage the State’s capital contribution in the enterprise or management at state-owned enterprises;
The head of a representative office of a foreign trader may not concurrently hold the following positions:
• Head of Branch of the same foreign trader;
• Heads of branches of other foreign traders;
• The legal representative of that foreign trader or another foreign trader;
• Legal representative of an economic organization established in accordance with Vietnamese law.
3. Documents for changing the head of a representative office include:
• Documents for changing the head of a foreign representative office in Vietnam include:
• Application for adjustment of Representative Office Establishment License signed by an authorized representative of the foreign trader;
• Document of the foreign trader appointing/appointing the new head of the Representative Office;
• Copy of passport or ID card or citizen identification card (if Vietnamese) or notarized copy of passport (if foreigner) of the new head of the Representative Office ;
• Documents proving that the former head of the Representative Office has fulfilled personal income tax obligations up to the time of change (Personal income tax finalization declaration or confirmation of no tax debt from the Tax Department;… );
• Original copy of Representative Office establishment license.
4. Procedures for changing the head of a representative office Authority: Business registration office where the representative office is located
Form: Submit application to change the head of representative office online
Step 1: Enterprise prepares documents according to the above documents
Step 2: Submit documents to the business registration office
Upon receiving the notice from the enterprise, the Business Registration Office issues a Receipt, checks the validity of the dossier, and changes representative office operation registration information in the National Registration Database. enterprise and issue a Certificate of registration for representative office operations within 03 working days from the date of receipt of valid documents.
Step 3: Get results
5. Some things to keep in mind when changing representative office heads:
Within 60 working days from the date of change of representative office head, foreign traders must carry out procedures to adjust the representative office establishment license.
Foreign traders submit 01 set of documents to the Licensing Agency.
Within 03 working days from the date of receipt of 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 shall adjust or not adjust the License to establish a Representative Office. In case of non-adjustment, there must be a document clearly stating the reason.
6. Consulting service for changing the head of Pham Consult’s representative office
With many years of experience consulting for businesses, Pham Consult provides consulting services at competitive prices, supporting you:
• Consulting on conditions, procedures and issues arising when changing the head of a representative office according to law;
• Prepare all necessary documents in bilingual (Vietnamese and English) to ensure foreign investors can easily monitor and evaluate work progress (if customers request)
• Support customers with notarization, consular legalization and notarized translation;
• Submit and receive results at state agencies on behalf of customers;
• Consulting and explaining to state agencies when problems arise.
If you are interested in changing the head of the representative office for your business and still have many problems with this procedure, please contact us via the following information for a free consultation. Pham Consult always wants and commits to providing customers with the best services and support to help you optimize operating costs to serve your business goals.