Contents of Administrative procedures - Hà Nội Industrial and Export Processing Zone Management Board

Procedure Extending establishment permit of Viet Nam-based representative offices of foreign business as stipulated in Article No. 21 of Decree No. 07/2016/ND-CP dated January 25, 2016.
Process - Step 1: Enterprise prepares dossier according to regulation and submits dossier to the One-Stop-Shop (OSS). - Step 2: OSS receives the dossier 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 dossier is not completed or invalid, the enterprise shall be guided to complete the dossier according to the law.
- Step 3: The Ha Noi Industrial and Export Processing Zone Management Board sends the valid dossier to specialized management ministries to get feedbacks in case the establishment of the representative office has not been defined in specialized legal documents.
- Step 4: Enterprise receives the permit at the One-Stop-Shop.
Where to submit Dossier may be submitted in person or sent by post to OSS section – Ha Noi Industrial and Export Processing Zone Management Board (CC02 Building, Mo Lao Urban Area, Mo Lao, Ha Dong, Ha Noi).
Contents and number of the dossier

a. Components of dossier:


1/ An application for extending representative office establishment permit, made according to a form set by the Ministry of Industry and Trade and signed by the foreign businessperson's competent representative;


2/ Copies of the foreign businessperson's business registration or papers of equivalent value;


3/ A copy of  audited financial statement or document proving the the implementation of tax or financial obligations in in the latest fiscal year or documents of equivalent value proving the actual existence and operation of the foreign businessperson in the latest fiscal year issued by the competent authority of the locality where the foreign businessperson has been established;


4/ A copy of former representative office establishment permit.


Note: Documents stipulated in Points 3 must be translated into Vietnamese and certified according to the provisions of Vietnamese law. Documents stipulated in Point 2 must be certified or consularly legalized by Viet Nam's foreign-based diplomatic missions or consular offices according to the provisions of Vietnamese law.

 

b) Number of the dossier: 01 (one) set.
Processing duration Within five days after receiving complete and valid dossiers. If the dossier is invalid, the permit-granting agencies shall, within three working days after receiving such dossiers, notify such in writing to foreign businesspersons so that the latter can supplement and complete the dossiers. Within 13 working days in case the establishment of the representative office has not been defined in specialized legal documents (including the time getting the feedbacks of the specialized management ministry).
Objects Representative office of Foreign trader in Industrial parks, Export processing zones, high-tech park in Ha Noi.
Competent agency Hà Nội Industrial and Export Processing Zone Management Board
Outcome Representative office establishment permit
Fee VND1,500,000.
Form/Declaration

Application for extending Representative Office Establishment Permit, Form MD-4 of the Circular No. 11/2016/TT-BCT dated July 5, 2016 of Ministry of Industry and Trade.
Other requirements The duration of Representative Office Establishment Permit is expired unless there are violations in the case of revoking Representative Office Establishment Permit in accordance with Article No. 44 of Decree No. 07/2016/ND-CP dated January 25, 2016.
Legal basis

- Decree No. 29/2008/ND-CP dated March 14, 2009 of the Government regulating about industrial parks, export processing zones and economic zones.
- Decree No. 164/2013/ND-CP dated December 11, 2013 of the Government supplementing the Decree No. 29/2008/ND-CP dated March 14, 2009 of the Government regulating about industrial parks, export processing zones and economic zones.
- 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. 11/2016 / TT-BTC dated July 5, 2016 of the Ministry of Industry and Trade.
- Circular No. 133/2012/TT-BTC dated August 13, 2012 of the Ministry of Finance on the collection, remittance and management of fees for licensing representative offices of foreign traders in Viet Nam.
- Decision No. 63/2009 / QD-UBND dated April 27, 2009 of the Ha Noi People's Committee on defining the functions, tasks, authority and organizational structure of the Ha Noi Industrial and Export Processing Zone Management Board.

Administrative procedures

ADMINISTRATIVE PROCEDURS