Vietnam-based representative office of a foreign investor means a dependent unit, a lawful office in Vietnam, allowed to recruit staff to manage and promote sale contracts with local business partners, research and develop products, seeking opportunities for the purchase or sale of goods and provision of services. A foreign representative office is a simple form of investment in Vietnam to enhance business from overseas, with multiple advantages while fewer risks regarding the required business compliance procedures such as investment capital, tax, accounting, and auditing. And it is easy to be extended or terminated or dissolved. The expatriate employees who work for representative office can obtain work permit and two years multiple visa (temporary residence card) for themselves and their family in Vietnam.
Every representative office operating in Vietnam needs to pay close attention to the expiry date mentioned in the license of establishment. License extension is very important. Fail to extend the license on time means you are operating without license, which is risky because of serious penalties and fines from the authorities and the business will be named in the blacklist of the state agencies.
APPLICATIONS FOR THE EXTENSION OF LICENSE FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE
An application for extension of License for Establishment shall include:
- An application form for extension of License for Establishment of the representative office or using the form promulgated by the Ministry of Industry and signed by a competent representative of the representative office;
- Copies of the Certificate of Business registration or equivalent documents of the representative office;
- Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the representative office issued or certified by competent authorities where such representative office is established;
- Copies of the existing License for Establishment of the or representative office:
Documents specified in point b, clause 1 of this Article shall be translated into Vietnamese and certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam.
Documents specified in point c, clause 1 of this Article shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.
PROCEDURES FOR THE EXTENSION OF LICENSE FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE
- At least 30 days prior to the expiry of the license, the applicant shall apply for the extension of License for Establishment of representative office.
- The representative office shall submit the application to the licensing agency where the representative office is expected to be located directly or by post or online (where applicable).
- Within 03 working days from the date of receipt of the application, the licensing agency shall examine such application and request the applicant to complete the application (if the application is incomplete). The request for supplementation to the application shall be made only once during the processing of the application.
- Within 05 working days from the date of receipt of the valid application, the licensing agency shall grant an extension of the license or establishment of the representative office to the applicant. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
- With respect to applications for extension of the License for Establishment of representative office that has yet to be governed by specialized legislative documents, the licensing agency shall submit a written request for directions to the relevant Ministry within 03 working days from the date of receipt of the valid application. Within 05 working days from the date of receipt of the request for directions from the licensing agency, the relevant Ministry shall submit the licensing agency a written notification of whether they approve for the application for extension of the License for Establishment of representative office. Within 05 working days from the date of receipt of the notification from the relevant Ministry, the licensing agency shall send the applicant a written notice of whether the extension is granted or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
TIPS ON REPRESENTATIVE OFFICE LICENSE EXTENSION
There are many reasons may prevent you from extending the license properly, and you should prepare for at least 03 months before the deadline. It would take time to get all necessary dossiers done for the license extension. Moreover, the authority will audit your previous operations, tax declaration and settlement as well as other conditions before deciding if your office license will be extended or not. The period of new license will be valid for 1 to 5 years, depending on the reasonable of submitted application and records.
TO AVOID AND PREVENT RISKS COULD HAPPEN RELATING
According to Clause 4, Article 86, Decree 185/2013:
The representative office of foreign traders may lead to a fine up to 30 million – 50 million VND for one of the following violations:
- Continue to operate after the foreign traders have terminated their operation;
- Continue to operate after competent authorities have revoked the license of establishment or the license is expired or not being extended.
Moreover, failure to extend license on time may affect the future office license renewal and other procedures, as well as require supplementary reports.
Our practical experiences can identify every legal requirement / manage for the full procedures / representative of you for any query or requirement from the officers… Your new office license will be obtained in a smooth and efficient manner with 3 key steps:
- Prepare 08 kinds of papers according to our checklist
- Just sign and stamp the prepared dossiers
- Wait and receive successful result from us within 30 days
Besides the new office license, representative offices should consider getting renewal of work permit, temporary resident card and taxation for expat staffs and their relatives. These costs can be saved when it is managed to sort out at the same time.
ABOUT VIVA BUSINESS CONSULTING
VIVA is the local experts for local business compliance procedures, has been trusted by thousands of foreign investors, multinational companies from Europe, Japan, Singapore, India, Korea, USA… regard to market entry service, required business compliance procedures by local laws and regulations since 2006.
Thanks for consistent of practice expertise in Business laws - Employment relations – Tax and accounting – Corporate finance – Corporate services, VIVA has been successfully providing service for thousands of leading companies from Japan, US, EU, Singapore, India, China, Korea…. in such industries: Garment, ennergy, pharma, advertising, agricultural…
VIVA keeps its service signature by offering one-stop business platform with exclusive and tailored-made services related to market entry and mandatory business compliances. We ensure for our client’s good standing, in lawful and optimal manners whenever they are working and doing business in Vietnam.
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