Amendment of license for establishment of representative office, branch of foreign company in Vietnam

Amendment of or addition to licence for establishment of representative office or branch of foreign company in Vietnam.

1. When there is any change to the following items, the foreign company must conduct procedures with the competent body to amend or add to the licence for establishment of the representative office or branch of foreign company within a time-limit of ten (10) days from the date of such change:
(a) Change of head of the representative office or branch of foreign company;
(b) Change of address of office of the foreign company within the scope of the country where the company was established or has business registration;
(c) Change of address of office of the representative office within the same province or city under central authority;
(d) Change of address of the branch in Vietnam;
(dd) Change of name or operational contents of the representative office or branch.
2. An application file for amendment of or addition to a licence for establishment of a representative office or branch of foreign company shall comprise:
(a) Application for amendment of or addition to the licence for establishment of the representative office or branch in the sample form stipulated by the Ministry of Trade and signed by the authorized representative of the foreign business entity;
(b) Original of the issued licence for establishment of the representative office or branch.
(c). Document proving that the outgoing head of the representative office or branch has fulfilled all tax and financial obligations to the State of Vietnam (in the case of amendment of a licence as Change of head of the representative office or branch).
(d). Copy passport with entry visa (for a foreign individual) or copy passport or identity card (for a Vietnamese individual) of the person who will take over the position as head of the representative office or branch (in the case of amendment of a licence as Change of head of the representative office or branch).
(e) . Copy official document proving the change of location of the foreign business entity within the same country where such business entity is established (in the case of amendment of a licence as Change of address of office of the foreign business entity within the scope of the country where the business entity was established or has business registration).
(f). Copy contract of lease of the office in the new location for the representative office or branch (in the case of amendment of a licence as change of address).

3. Within a time-limit of ten (10) days from the date of receipt of a valid application file from a foreign business entity, the licence-issuing body shall be responsible to amend or add to the licence.

4. General conditions applicable to application files for amendment of licences for establishment of representative offices and branches:
(a) All documents issued or certified by a foreign competent body and forming part of
the contents of an application file for a representative office or branch of foreign company must be certified by a consulate in accordance with the law of Vietnam and must be translated into Vietnamese; translations and copies must be notarized in accordance with the law of Vietnam.
(b) Copies of documents issued or certified by a competent Vietnamese body and forming part of the documents in an application file for a representative office or
branch must be notarized in accordance with the law of Vietnam.

Standard form MD-2
Request for Amendment of Licence for Establishment of
Representative Office or Branch
…Location and date…

REQUEST FOR AMENDMENT OF LICENCE FOR ESTABLISHMENT OF
REPRESENTATIVE OFFICE OR BRANCH

To: The Licence-Issuing Body1
Name of business entity: (Write in capital letters name appearing on licence for
establishment/business registration  certificate):…………………..
Abbreviated name (if any) of the business entity:………………………………………
Nationality of the business entity:………………………………………………………
Head office address: (Address on licence for establishment/business registration
certificate)………………………………………………………………………………
Number of licence for establishment/business registration certificate:…………………
Issued by:…………………………… Date and place of issuance:……………………
Operational sectors:……………………………………………………………………
Charter capital:……………………………………………………………………………….
Bank account number:……………. At bank:……………………………
Telephone number:……………….. Fax number: ………………………
Email:………………………………. Website address (if any):………………………
Legal representative (authorized representative):
Full name:…………………………………………..
Position:…………………………………………….
Nationality:………………………………………….
Name of the representative office or branch: (Write name on licence for establishment)
……………
Abbreviated name (if any):……………………………………..………………………
Trading name in English:………………………………………...…………………..
Head office address of the representative office or branch (specify number of house and street, ward, commune, district and city):…………………………………….
Number of licence for establishment:.………………………………………………
Issued by:…………………………… Date and place of issuance:…………………
Bank account number:……………. At bank:………………………………………
Telephone number:……………….. Fax number: ………………………
Email:………………………………. Website address (if any):………………………..
Operational scope of the representative office or branch: (specify operational
sectors)……………………………………………………………………..…………
Head of the representative office or branch:
Full name:………………………………………Sex:………………………..………..
Nationality:……………………………………………………………………………
Number of passport or identity card:…………………………………………………
Issued by:…………………………… Date and place of issuance:…………………

We hereby request the amendment of our licence for establishment with the  following contents:
Items to be amended:………………………………………………………………….
Reasons for the amendment:…………………………………………………………
We hereby undertake:
1. To be wholly responsible for the truthfulness and accuracy of the contents of this request and of the application file enclosed.
2. To comply strictly with all provisions of the law of Vietnam relating to representative offices and branches of foreign business entities in Vietnam and to comply with the provisions in the licence for establishment of the representative office or branch.
Documents attached with this request:
1. Original of the previously issued licence for establishment of the representative office or branch.
2. Document proving that the outgoing head of the representative office or branch has
fulfilled all tax and financial obligations to the State of Vietnam (in the case of amendment of a licence as Change of head of the representative office or branch).
3. Copy passport with entry visa (for a foreign individual) or copy passport or identity card (for a Vietnamese individual) of the person who will take over the position as head of the representative office or branch (in the case of amendment of a licence as Change of head of the representative office or branch).
4. Copy official document proving the change of location of the foreign business entity within the same country where such business entity is established (in the case of amendment of a licence as Change of address of office of the foreign business entity within the scope of the country where the business entity was established or has business registration).
5. Copy contract of lease of the office in the new location for the representative office or branch (in the case of amendment of a licence as change of address).

Authorized representative of the foreign business entity

(write clearly full name, and sign and seal)2

Footnotes:

1. Ministry of Trade (for a branch) or Department of Trade (for a representative office).
2. In a case of change of address (article 10.1 (c) and (c) of Decree 72), the head of the representative office or branch of foreign company may sign this request. If the company signs the request but does not have a seal, there must also be a certificate from the competent body where the company registered its establishment proving the signature of the authorized representative, consularized and translated into Vietnamese.

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