| Procedure | Re-issuing establishment permit of Viet Nam-based representative office of foreign business as stipulated in Article No. 18 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 re-issuance of the 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/ For the case of re-issuing representative office establishment permit as stipulated in Clause 1 of Article No. 18 of Decree No. 07/2016/ND-CP dated January 25, 2016, supplementing the following document:.
- Notice on Operation Termination of representative office sent to Permit-Granting Agency where it had located as stipulated in Point a Clause 1 of Article 36 of Decree No. 07/2016/ND-CP dated January 25, 2016;
- A copy of representative office establishment permit;
- Documents on the planned location of representative office, including:
+ 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 Article 28 of Decree No. 07/2016/ND-CP dated January 25, 2016;
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 businessperson so that the latter can supplement and complete the dossiers. |
| Objects | Representative office of foreign trader in Industrial parks, Export processing zones, high-tech park in Ha Noi. Ha Noi Industrial and Export Processing Zone Management Board. |
| Competent agency | Hà Nội Industrial and Export Processing Zone Management Board |
| Outcome | Representative office establishment permit |
| Fee | VND1,500,000. |
| Form/Declaration | Application for re-issuance of Representative Office Establishment Permit |
| Other requirements | Foreign trader must carry out procedures for re-issuing Representative Office Establishment Permit within 30 days from the date of notice on operation termination of representative office in the place of relocation. Exceeding the time limit, the foreign trader must carry out procedures for issuing Representative Office Establishment Permit in accordance with the provisions of Article 10 and 11 of Decree 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. |