Procedures for adjustments to Licenses for Establishment of branches of foreign traders in Vietnam

I.  Cases of adjustments to Licenses for Establishment of branches

Foreign traders shall apply for adjustments to Licenses for Establishment of branches in the following cases:

1. Changes in the name or location of the head office of a foreign trader;

2. Changes in lines of business of the foreign trader affecting the operations of its branches in Vietnam;

3. Replacement of the head of the branch;

4. Changes in the name of the branch;

5. Changes in the operations of branches;

6. Changes in the location of the branch.

II.  Records for the procedure

1.  An application form for adjustments to the License for Establishment of the branch signed by a competent representative of the foreign trader;

2.  Documents as proof of adjustments. To be specified :

-  With changing in the name or location of the head office of a foreign trader: copies of legal documents as proof of changes in the name or location of the head office of a foreign trader released by competent authorities;

-  With changing in lines of business of the foreign trader affecting the operations of its branches in Vietnam: copies of legal documents as proof of changes in the lines of business of the foreign trader released by competent authorities.

-  With replacement of the head of branch: a letter of appointment of the new head of the branch; copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the new head of branch; proof of fulfillment of personal income tax liabilities of the former head of branch at the time of changes.

-  With changing in the location of the branch: copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as branch; copies of documents on the expected locations of branch.

3.  The original License for Establishment of the branch.

III.  Deadline for implementation of adjustment procedures:

Within 60 days from the date of changes the foreign trader shall apply for adjustments to the License for Establishment of their branch.

IV.  Legal basis

1.  Law on commerce on  14^th June, 2005;

2.  Decree No.07/2016/ND-CP on 25^th January, 2016 on detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Law on commerce;

3.  Circular No.11/2016/TT-BCT on 5^th July, 2016 on forms precribed in Decree No.07/2016/ND-CP on 25^th January, 2016 of the Government on guildelines for the law on the commerce in the terms of representative offices and branches of foreign traders in Vietnam.