In the course of doing business in Vietnam, when a foreign trader wishes to change the contents of the Licenses for Establishment of the branch, the foreign trader must carry out the procedures for registration for adjustment of the at competent state agencies.

Hong Bang Law Firm has 10 years of consulting experience in the field of investment and business. We have supported many foreign traders to set up representative offices, branches, foreign-invested companies and accompanied them throughout the process of doing business in Vietnam.

We provide registration service to adjust the License for Establishment of Branch with all contents:

• Changes in the name or location of the head office of a foreign trader.
• Changes in lines of business of the foreign trader affecting the operations of its branch in Vietnam.
• Replacement of the head of the branch.
• Changes in the name of the branch.
• Changes in the operations of the branch.
• Changes in the location of the branch.

Therefore, we would like to share with you some detailed information about the procedure for adjusting the License for Establishment of Branch:

Legal basis

• Decree 07/2016/ND-CP detailing the commercial law on representative offices and branches of foreign traders in Vietnam
• Circular 11/2016/TT-BCT stipulating the implementation form of the Government’s Decree No. 07/2016/ND-CP dated January 25, 2016 detailing the commercial law on representative offices and branches of the Government. foreign traders in Vietnam

Regulations

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

• Changes in the name or location of the head office of a foreign trader.
• Changes in lines of business of the foreign trader affecting the operations of its branch in Vietnam.
• Replacement of the head of the branch.
• Changes in the name of the branch.
• Changes in the operations of the branch.
• Changes in the location of the branch.

Application for adjustments to the License for Branch Establishment

• An application form for adjustment of the License for Establishment of a Branch, signed by a competent representative of the foreign trader;
• Original License for Establishment of Representative Office;
• Documents as proof of adjustments, which must be certified by a diplomatic mission or consular office of Vietnam abroad or consular legalized in accordance with Vietnamese law. Depending on the specific content of the change, additional documents should be provided. To be specified :

• • In the case of change of the name or address of the foreign trader’s head office: A copy of the legal document issued by a competent authority evidencing the change in the name or address of the head office of foreign traders.

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

• • In case of change of the head of the representative office: 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 the branch; proof of fulfillment of personal income tax liabilities of the former head of the branch at the time of changes.

• • In case of change of the address of the branch: copies of the memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the branch; copies of documents on the expected locations of the branch.

Procedures

Within 60 days from the date of the change specified in Article 15 of Decree No. 07/2016/ND-CP, the foreign trader must carry out procedures for adjusting the license to establish a branch.

During the settlement process, the Ministry of Industry and Trade shall send a written request to the Ministry of specialized management if the adjustment of the operation contents of the branch is not consistent with Vietnam’s commitments, or the foreign trader is not in the country, territories participating in international treaties that Vietnam is a member of, or the establishment of a branch must be approved by the specialized management ministry, or there is no legal document regulating the operation of the branch. 

Competent agency to handle procedures: Department of Planning – Ministry of Industry and Trade

Time to carry out procedures: 5-10 working days from the date of submitting valid documents.

Services provided by Hong Bang Law

Hong Bang Law will accompany customers in the whole process of carrying out the procedures for adjusting the representative office establishment license with consulting and support services such as:

• Advising customers on conditions, documents, and procedures for adjusting branch establishment licenses
• Drafting documents related to the content to be adjusted according to the provisions of law and information provided by the customer;
• On behalf of the customer to carry out the procedures for adjusting the branch establishment license at a competent state agency;
• Supervise the processing, explain to state agencies on issues related to dossiers;
• Supporting clients to carry out legal procedures arising after adjusting the License to establish a branch; 

If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!