Re-issuance of business license to economic organizations with foreign investment capital

Re-issuance of business licenses to economic organizations with foreign investment capital requires strict legal procedures according to Vietnamese law. This administrative procedure applies to cases of change of head office location or when the license is lost or damaged. The article below analyzes in detail and provides information about the conditions, procedures and process for re-issuing business licenses for foreign-invested economic organizations.

Conditions for re-issuance of business license for economic organizations with foreign investment capital

To be re-issued with a business license, a foreign economic organization must meet the following specific conditions:

First, to fully meet the conditions for granting a business license according to Article 9 of Decree 09/2018/ND-CP, economic organizations with foreign investment capital need to meet the same conditions as for procedures for granting a new business license. These conditions include investment capital requirements, business lines, and other conditions consistent with Vietnam’s international commitments.

Second, the request to reissue a business license for economic organizations with foreign investment capital applies in two specific cases as prescribed in Article 17 of Decree 09/2018/ND-CP. Specifically:

• When an organization moves its headquarters location from one province/centrally run city to another centrally run province/city (Clause 1, Article 17);
• When the Business License is lost or damaged and can no longer be used (Clause 2, Article 17).

Current procedures for requesting re-issuance of business licenses for foreign-invested economic organizations

Competent authority to resolve

Re-issuance of business licenses to foreign-invested economic organizations under the authority of the Department of Industry and Trade. Specifically, according to the provisions of Article 8 of Decree 09/2018/ND-CP stipulates:

• The Department of Industry and Trade where the foreign-invested economic organization is headquartered shall issue, re-issue, adjust and revoke Business Licenses.
• The Department of Industry and Trade where the foreign-invested economic organization locates its retail establishment shall issue, re-issue, adjust, extend and revoke the License to establish a retail establishment.

Document components need to be prepared

Re-issuance of business license to a foreign-invested economic organization requires a dossier including the following components as prescribed in Article 18 of Decree 09/2018/ND-CP. Profile components include:

• Application for re-issuance of Business License according to Model number 03 in the Appendix issued with Decree 09/2018/ND-CP.
• Copy of Business Registration Certificate in case of re-issuance.

>>> See more:  Form No. 03 in the Appendix issued with Decree 09/2018/ND-CP.

Procedure for applying for reissue

According to the provisions of Article 19 of Decree 09/2018/ND-CP, the procedure for applying for re-issuance of business licenses for foreign-invested economic organizations is carried out through the following steps:

Step 1: Draft and submit application:

• Individuals and organizations shall prepare 01 set of documents according to regulations, and submit them to the licensing agency where they intend to move.
• Applications can be submitted directly, by post or through the online public service system.

Step 2: Appraisal and additional requests if any:

• Within 03 working days from the date of receiving the dossier, the Department of Industry and Trade will check the completeness and validity of the dossier.
• In case the dossier is not complete and valid, within 03 working days from the date of receiving the dossier, the Department of Industry and Trade will notify the economic organization to supplement and complete the dossier.
• The time to complete the application is not included in the time to issue the Business License.

Step 3: Receive results and return the previously issued Business License to the Licensing Agency where you move:

• Within 05 working days from the date of receipt of complete and valid documents, the Department of Industry and Trade will consider re-issuing the Business License.
• If the application meets the conditions, the Department of Industry and Trade will reissue the Business License and send a copy of the Business License to the Department of Industry and Trade of the moving place to update the database system.
• In case of not re-issuance of business license, the Department of Industry and Trade must send a written response clearly stating the reason.
• After being re-issued with a business license, within 05 working days, the foreign-invested economic organization is responsible for returning the previously issued Business License to the Department of Industry and Trade of the place of departure.
• This ensures compliance with legal regulations and avoids using multiple Business Licenses at the same time.

Current regulations on the time limit for reissuing business licenses

According to the provisions of Clause 4, Article 19 of Decree 09/2018/ND-CP, the time limit for re-issuing a business license is 05 working days from the date the Department of Industry and Trade receives complete and valid documents. This deadline applies to all forms of application submission, including direct submission, submission via postal service and online submission.

Services for applying for and re-issuing business licenses for foreign-invested economic organizations at Long Phan Consulting Company

Re-issuance of business license to a foreign-invested economic organization is a legal procedure that requires a deep understanding of the law. Long Phan provides professional services to support businesses in implementing this procedure effectively and in accordance with the law. Long Phan’s team of lawyers and legal experts has many years of experience in the field of foreign investment consulting in Vietnam.

Re-issuance of business license consulting services at Long Phan Consulting Company include many practical contents for businesses, including:

• Support in drafting dossiers to request re-issuance of business licenses to ensure compliance with regulations, avoiding errors that lead to having to supplement and complete the dossiers multiple times;
• Representing businesses to submit applications and monitor the application processing process at competent state agencies;
• Support customers to explain details of documents to competent state agencies;
• In-depth consulting and answering customer questions related to business license re-issuance activities.

Frequently asked questions

Below are frequently asked questions about applying for re-issuance of business licenses for current foreign-invested economic organizations.

In what cases does a foreign-invested economic organization need to re-issue a business license?

Economic organizations with foreign investment need to re-issue a business license in two cases: when moving the head office location from one province/city to another, or when the business license is lost or damaged.

Which agency has the authority to re-issue business licenses?

The Provincial Department of Industry and Trade, where the economic organization plans to locate its new headquarters, is the agency with authority to re-issue the business license.

What does the application for re-issuance of business license include?

Documents include: Application for re-issuance of business license (according to the prescribed form), copy of Business Registration Certificate (if location is changed).

How long does it take to reissue a business license?

The time to re-issue a business license is 05 working days from the date the Department of Industry and Trade receives all valid documents.

In what form can I apply for re-issuance of a business license?

Applications can be submitted directly, by post or through the online public service system.

What does an economic organization need to do after being reissued with a business license?

After being re-issued with a business license, within 05 working days, the foreign-invested economic organization is responsible for returning the previously issued Business License to the Department of Industry and Trade of the place of departure.

What if the profile is not valid?

In case the dossier is not complete and valid, within 03 working days from the date of receiving the dossier, the Department of Industry and Trade will notify the economic organization to supplement and complete the dossier.

Conclude

Re-issuance of business licenses for current foreign-invested economic organizations is an important procedure to ensure continuous and legal business operations in Vietnam. Long Phan is ready to assist customers in performing this procedure quickly, accurately and most effectively. Please contact us immediately via the hotline: 0906735386 for detailed advice and to receive a service quote suitable to your business needs.