PROCEDURES FOR ENTERPRISES TO TERMINATE THE OPERATION OF REPRESENTATIVE OFFICES

Step 1: Prepare dossier

Application for termination of operation of representative office includes:

• Notice of termination of representative office (Appendix II-22, Circular No. 02/2019/TT-BKHDT);

• Decision of enterprise on terminating representative office operations including the decision of the owner for a private enterprise, of the owner or the Chairman of the Members' Council or the Chairman of the company for one member limited company, of the Members' Council for multi-member limited liability companies, of the Administrative Council for joint-stock companies, of the unlimited liability partners for the partnerships on termination of operation of a representative office or a decision on revoking the certificate of registration of operation of the representative office made by a competent State agency;

• List of creditors and amount of debts unpaid including full payment of tax liabilities and payment of social insurance;

• The current list of employees and their respective benefits;

• Certificate of registration of operation of the representative office;

• Seal of the representative office (if any);

• A request for supplement and update of operation registration information specified in Appendix II-19 Circular No. 02/2019/TT-BKHDT (in case a branch, representative office, business location under enterprises are granted Investment License, Investment Registration Certificate or papers with equal legal validity); and

• A valid copy of the Investment Registration Certificate and Branch’s tax Registration Certificate (in case business location under a branch is granted Investment License, Investment Registration Certificate or papers with equal legal validity).

Step 2: Submit dossier and receive the result

The enterprise shall send a dossier for notification of the termination of representative office operation to the Business Registration Office of the province or city under the central authority where the enterprise is located.

After receiving the application, the Business Registration Office receives a notice, checks the validity of the dossier, and changes the legal status of the representative office in the National Database on Business Registration to the status of termination, and issue a notice on the termination of operation of representative office at the same time.

ADK & Co Vietnam Lawyers Law Firm