Shutdown of representative office of foreigners
01. Conditions for application
Representative office of foreigners is shut down in each of the following situations:
1. At the foreigner's request
2. When the foreigner's operation (in case the foreigner is a company) is terminated according to the law of the country where the foreigner is established or registered.
3. The license for the establishment of the representative office is expired but the foreigner does not apply for an extension.
4. The license for establishment of the representative office is expired but the licensing authority does not agree to extend.
5. The license for the establishment of the representative office is revoked by licensing authority.
6. The foreigner, the representative office is no longer to be eligible for the conditions of Vietnamese law.
02. Applicable laws
1. Decree No. 07/2016/ND-CP dated 25 January 2016
2. Circular No. 11/2016/TT-BCT dated 05 July 2016.
Step 1: Prepare a set of the following documents:
1. A notification on the shutdown of the representative office which is signed by an authorized representative of the foreigner;
2. A copy of a document certifying that the license of the establishment of the representative office is not extended, or a decision on revocation of the license of the establishment of the representative office, which is issued by the licensing authority;
3. A list of creditors and unpaid debt, including outstanding tax and social insurance contribution;
4. A list of laborers and their corresponding interests; and
5. The original license for the establishment of the representative office.
Note: If the representative office which is located in a province or is managed by a management board of an industrial park, a processing zone, or a high-tech zone, is shut down to change its location into another province or another area managed by another management board, the set of documents shall only include:
1. A notification on the shutdown of the representative office; and
2. The original license for the establishment of the representative office.
Step 2: Submit the applications to one of the following authorities
1. Provincial Department of Trading and Industry (“DPI”) where the representative office is located; or
2. Management Board of the industrial park, processing zone or high-tech zone (“Management Board”) where the representative office is located (if the representative office is located in an industrial park, a processing zone or a high-tech zone).
Step 3: Get the result
Within 05 days from the date of filing, the provincial DPI or Management Board shall record the shutdown of the representative office, or shall request for amendment or addition to the application documents.