A representative office is a dependent unit of the company, responsible for representing under the authority of the company and representing the company about customers. To establish a representative office in Vietnam, the company must meet the necessary conditions and procedures as prescribed by law.
Conditions for opening a representative office in Vietnam
According to the provisions of Article 7 of Decree No. 07/2016/NDCP detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam, foreign traders are granted a license to establish an office. representative when the following conditions are satisfied:
Foreign traders may establish and register their business under the law of a country or territory that is a party to an international treaty to which Vietnam is a contracting party or is permitted by the law of another country to be approved by that country or territory. recognize;
Foreign traders have been operating for at least 1 year from the date of establishment or registration;
If the business registration certificate of a foreign trader or an equivalent document has a prescribed operation term, this time limit must be at least 01 years from the date of request;
The operation contents of the Representative Office must comply with Vietnam’s commitments in international treaties to which Vietnam is a signatory;
In case the operation content of the representative office is not consistent with the commitments of Vietnam or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party. the establishment of a representative office must be approved by the minister or head of a ministerial-level specialized agency.
Dossier to establish a representative office in Vietnam
To establish a representative office of a foreign trader in Vietnam, the company must ensure that the dossier for opening representative office in Vietnam, includes all the following documents:
First, an application for permission to establish a representative office following the law. Ministry of Industry and Trade signed by a competent representative of the foreign trader;
Second, a copy of the business registration certificate or equivalent document of the foreign trader;
Third, the foreign trader’s document appointing/appointing the head of the Representative Office;
Fourth, a copy of the audited financial statement or a document certifying the fulfillment of financial or financial obligations in the latest fiscal year or an equivalent document issued by a competent agency or organization and prove the existence and operation of the foreign trader in the most recent financial year;
Annually, a copy of the passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreign) of the head of the representative office;
Sixth, documents on the proposed location of the representative office, including the head office of the representative office;
A copy of the document on the expected location of the representative office’s head office. However, this location must comply with the provisions of Vietnamese law on safety, order, occupational safety, and health conditions, and other conditions as prescribed by law; may not lend or sublease the head office.
Note: Documents such as company registration documents, financial statements, and company charters must be translated into Vietnamese and certified and legalized by a diplomatic mission abroad by the provisions of law. the law in force in Vietnam.
Agencies competent to receive dossiers
In case a representative office is located in an industrial park, an export processing zone, an economic zone, or a high-tech zone, the powers of the board of directors belong to the board of directors.
For other cases, the Department of Industry and Trade of the province or centrally run city where the trader intends to set up a representative office will be the competent authority to receive and process the application.
Order of settlement
If after accepting the request, if it is necessary to complete or adjust the dossier to be valid, the competent authority will notify the foreign operator.
Within 15 working days from the date of receipt of complete dossiers. The competent agency has completed the appraisal and granted the License for the establishment of the representative office.