Chương IV Nghị định 07/2016/NĐ-CP quy định chi tiết Luật Thương mại về Văn phòng đại diện, Chi nhánh của thương nhân nước ngoài tại Việt Nam: Chấm dứt hoạt động văn phòng đại diện, chi nhánh

Chapter IV

SHUTDOWN OF REPRESENTATIVE OFFICES OR BRANCHES

Article 35. Shutdown of representative offices or branches

A representative office or branch shall be shut down if:

1. It is requested by its head office;

2. The foreign trader ceases to operate according to laws of the country or territory in which such foreign trader is established or registered.

3. The License for Establishment of the representative office or branch is expired but its head office does not apply for extension of the license.

4. The licensing agency refuses to grant an extension of the expired License for Establishment of the representative office or branch.

5. The License for Establishment of the branch or representative office is revoked as prescribed in Article 44 hereof.

6. The foreign trader or its representative office or branch no longer satisfies one of the requirements stipulated in Articles 7 and 8 hereof.

Article 36. Applications for shutdown of representative offices or branches

1. An application for shutdown of a representative office or branch shall include:

a) A notification of shutdown of the representative office or branch using the form issued by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader, excluding cases specified in clause 5, Article 35 hereof.

b) Copies of written refusals of grant of extension of the license or establishment of the representative office or branch (for those specified in clause 4, Article 35 hereof) or a copy of the decision on revocation of the license for establishment of the representative office or branch released by the licensing agency (for those specified in clause 5, Article 35 hereof);

c) Lists of creditors and the amount of debts, including outstanding taxes and social insurance premiums;

d) Lists of employees and their current benefits;

dd) The original License for Establishment of the branch or representative office.

2. The head of the closed representative office or branch and their head office shall be responsible for the reliability and accuracy of their application for shutdown of the representative office or branch.

3. Where the representative office shuts down to relocate to another province or territory within the administration of another Management Board, the application for shutdown shall only include documents specified in points a and dd clause 1 hereof.

Article 37. Procedures for processing of applications for shutdown of representative offices or branches

1. The foreign trader shall submit the applications for shutdown of their representative office or branch to the licensing agency directly or by post or only (where applicable).

2. Within 03 working days from the date of receipt of the application, the licensing agency shall examine such application and request the applicant to complete the application (if the application is incomplete). The request for supplementation to the application shall be made only once during the processing of the application.

3. Within 05 working days from the date of receipt of the valid application, the licensing agency shall publish the decision on shutdown of the representative office or branch on their portal.

Article 38. Obligations resulting from shutdown of representative offices or branches

1. In addition to the execution of procedures for shutdown of representative offices or branches stipulated in Articles 36 and 37 hereof, the representative office or branch shall publicly put up the notice of the shutdown at their office and fulfill other involving obligations under provisions of laws.

2. Every foreign trader having closed representative offices or branches shall fulfill obligations to contracts and debt settlement including outstanding taxes and settlement of legal benefits of employees working for such representative offices or branches in compliance with provisions of laws.