Foreign traders having the representative office in Vietnam would like to change the head of a representative office in Vietnam, shall carry out procedures with the authorities in accordance with the laws. LMP Lawyers receives client’s request, supports client in carrying out procedures with the Department of Industry and Trade, receives results and hands them over to clients according to the following implementation process:
A. Legal basis
Articles 15, 16, 17, Decree No. 07/2016/ND-CP detailing the Commercial law on representative offices and branches of foreign traders in Vietnam.
B. Implementation process
Within 60 working days after changing the head of the representative office, the foreign trader shall carry out procedures for adjusting the Certificate for Establishment of the Representative Office at the Department of Industry and Trade.
An application form for adjusting the Certificate for Establishment of the Representative Office;
The document of the foreign trader appointing the new head of the representative office;
Copy of passport or identity card or citizen identification card (for Vietnamese) or passport (for foreigner) of the new head of the Representative Office;
Documents proving that the former head of the representative office has fulfilled the personal income tax obligations up to the time of change.
Original Certificate for Establishment of the Representative Office.
D. Statutory timeline
05 working days from the date of fully submitting valid dossiers.
E. Sancton in case of non-compliance with the timeline for adjusting the Certificate
Foreign traders who fail to carry out the procedures for adjusting Certificate for Establishment of the Representative Office within 60 working days from the change on the head of the representative office may be fined from VND 20,000,000 to VND 40,000,000 under Article 4.4, Article 67.2 Decree 98/2020/ND-CP.
Note: The above content is for reference only. Subject to the case, the above content may no longer be relevant. For further advice, please contact LMP Lawyers.