Contents of Administrative procedures - Department of Industrial and Trade

Procedure Amending representative office establishment permit of foreign business in Ha Noi
Process

Step 1: Foreign enterprise prepares dossier according to regulation and submits dossier to the One-Stop-Shop (OSS).


- Step 2: OSS receives and checks the validity and completion of the dossiers. If the dossier is complete and valid, the enterprise receives Reply Coupon with written date of the result returning.  If not, within three days after receiving the dossier, the Department of Industry and Trade shall guide the enterprise to complete the dossier according to the law.


- Step 3: Enterprise receives the permit at the One-Stop-Shop.

Where to submit Option 1: The dossier can be submitted directly at the OSS section at the Headquarters of the Ha Noi Department of Industry and Trade, No. 331, Cau Giay Street, Cau Giay District, Ha Noi. - Option 2: dossier can be submitted via postal service to OSS section at the Headquarters of the Ha Noi Department of Industry and Trade, No. 331, Cau Giay Street, Cau Giay District, Ha Noi. - Option 3: Dossier can be submitted online in website of the Department of Industry and Trade (administrative procedure at level 3)
Contents and number of the dossier

a. Components of dossier:


1/ In case of changing head of representative office:


- An application for amending representative office establishment permit, made according to a Form MD3 of  Circular No. 11/2016/TT-BCT dated July 5, 2016 set by the Trade Ministry and signed by the foreign enterprise's competent  representative;


- The original of representative office establishment permit;


- Documents proving the out-going head of  the representative office has fulfill personal income tax obligation by the time of adjusting representative office establishment permit;


- A copy of passport which was translated into Vietnamese and certified according to the provisions of Vietnamese law (for foreign people) or National identity card or Citizen identification card (for Vietnamese) of the new head of representative office together with the original to compare;


- A document of foreign business to nominate/appoint the head of the representative office, branch.


2/ In case of changing address  or name of foreign business:


- An application for amending representative office establishment permit, made according to a Form MD2 of  Circular No. 11/2016/TT-BCT dated July 5, 2016 set by the Trade Ministry and signed by the foreign enterprise's competent  representative;


- The original of representative office establishment permit;


- A copy of legal document issued by competent agencies proving the change of name or address of head office of foreign business certified or consularly legalized by Viet Nam's foreign-based diplomatic missions or consular offices according to the provisions of Vietnamese law.


3/ In case of amending the operation content of foreign business:


- An application for amending representative office establishment permit, made according to a Form MD3 of  Circular No. 11/2016/TT-BCT dated July 5, 2016 set by the Trade Ministry and signed by the foreign enterprise's competent  representative;


- The original of representative office establishment permit;


- A copy of legal document issued by competent agencies proving the change  of operation content of foreign business certified or consularly legalized by Viet Nam's foreign-based diplomatic missions or consular offices according to the provisions of Vietnamese law;


4/ In case of changing the location of representative office:


- An application for amending representative office establishment permit, made according to a Form MD3 of  Circular No. 11/2016/TT-BCT dated July 5, 2016 set by the Trade Ministry and signed by the foreign enterprise's competent  representative;


- The original of representative office establishment permit;


- A copy of memorandum of understanding or rental contract of the location of the representative office or documents proving the trader has the right to exploit and use the location of the representative office;


- A copy of documents on the planned location of representative office as stipulated in relevant law provisions.


b) Number of the dossier: 01 (one) set.


Administrative procedure at level 3

Processing duration Within five working days after receiving complete and valid dossiers.
Objects Foreign business
Competent agency Department of Industrial and Trade
Outcome Permit
Fee VND1,500,000.
Form/Declaration

An application for amending representative office establishment permit, made according to Form MD3 of  Circular No. 11/2016/TT-BCT dated July 5, 2016

Other requirements None
Legal basis

- Commercial Law No. 36/2005/QH11 of the National Assembly dated Jun 14, 2005.


- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law regarding Viet Nam-based representative offices and branches of foreign traders.


- Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplification of administrative procedures under the Ministry of Industry and Trade’s management.


- Circular No. 11/2016/TT-BTC dated July 5, 2016 of the Ministry of Industry and Trade guiding form  to perform  the Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law regarding Viet Nam-based representative offices and branches of foreign traders;


- Circular No. 73/1999/TT-BTC dated September 14, 1999 of the Ministry of Finance guiding the collection of licensing fee for resident representative offices establishment of foreign economic organizations in Viet Nam;


- Decision No. 39/2016/QD-UBND dated September 18, 2016 of the Ha Noi People's Committee on defining the functions, tasks, authority and organizational structure of the Department of Industrial and Trade.

Administrative procedures