Representative office establishment

Representative office establishment: Procedures to establish a Representative Office in Viet Nam of a foreign trader

I. Legal base

  • Decree 07/2016/NĐ-CP dated 25th January ,2016

II. Conditions of the grant of the Representative Office License

To establish a Representative Office, according to Vietnam laws, foreign trader must implement the procudures of the grant of the Lisence of Representative Office including:

  • Foreign trader which are established, business registered under the provisions of national laws, territories participating in international treaties which Viet Nam is a member or are approved by laws of such nations and territories.
  • Foreign trader which have been operated at least 01 year, from the date of establishment or registered.
  • In case there is Business registration certificate or papers have the same validity of the foreign trader regulating the term of operation, such term must has at least 01 year from the date of the dossier registration;
  • he operation contents of the Representative Office must fit the commitment of Viet Nam in international treaties that Viet Nam is the member;
  • In case the operation contents of the Representative Office do not comply with commitment of Viet Nam or the foreign trader is not in nations, territories participating international treaties which Viet Nam is a member, the establishment of the Representative Office must approved by Minister. Head of agencies coordinating speacilized management Ministry).

III. The procedures

1. Preparing dossier: 01 set

  1. An application for a Lisence of Representative Office made according to a form set by the Ministry of Industry and Trade and signed by a competent representative of a foreign trader.
  2. A copy of Business Registration Certificate or equivalent papers of the foreign trader;
  3. A document of the foreign trader nominating/appointing the head of the Representative Office;
  4. A copy of audited financial statement or documents certifying the situation of tax or financial obligations in the latest fiscal year or equivalent documents issued by competent agencies or organizations where the foreign trader established grants or certifies the existence and operation of the foreign trader in the latest fiscal year;
  5. A copy of passport or identity card or citizen identity card (if Vietnamese) or a copy of passport (if foreigner) of the head of the Representative Office;
  6. Documents about the location where the Representative Office’s office is to be located, including:

+ A copy of the memorandum or agreement on renting a place or a copy of documents proving that the trader has the right to exploit and use the location to place the Representative Office’s head office;

+ A copy of the document about the location where the Representative Office is to be headquartered as prescribed in Article 28 of this Decree and relevant laws.

Note:

  • Documents b, c, d, dd must be translated to Vietnamese and confirmed as true;
  • Document b: must be certified or consular legalization by a foreign representative agency or consular of Viet Nam aboard.

2. Submitting method:

  • Direction or;
  •  Through a post office or;
  •  Online (if meeting the conditions to apply).

3. Terms:

  • Within 03 work days from the date of the receiving: checking and requiring to supplement if the dossier is valid;
  • Within 07 work days from the date of receiving a valid dossier: Granting the Lisence of Representative Office.

4. Agency receiving dossier and granting License: Department of Industry and Trade

Hnlaw & Partners Law Firm

Hotline: 0912.918.296

Email: tuvan.hnlaw@gmail.com

http://www.hnlaw.vn/en/investment-consultancy

https://vi.wikipedia.org/wiki/V%C4%83n_ph%C3%B2ng

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