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Procedures for establishing representative offices of foreign enterprise in Vietnam

Nguyễn Thành Tựu
0916.303.656

Name: NGUYEN THANH TUU-(MR. TONY)

Job title: MBA Lawyer – CEO- 

Phone: +84 9.19.19.59.39

Email: tuulawyer@nvcs.vn

Consultancy area: Investment- Tax- M&A – IP – Dispute settle.

Language: Vietnamese – English

PROVISIONS ON ISSUING LICENSE FOR ESTABLISHMENT REPRESENTATIVE OFFICES OF FOREIGN TRADERS IN VIETNAM
(Decree No. 07/2016/ND-CP dated May 25, 2016 detailing regulations of the Law on Commerce regarding representative offices and branches of foreign traders in Vietnam)
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1. Conditions for issuing licenses for establishment representative offices

If qualified with the following conditions, the foreign traders shall obtain licenses of establishment representative office:

1. The foreign trader was established, registered in accordance with laws of nations and territories participating international treaties to which Vietnam is a member, or acknowledged by the law of these nations, territories;
2. The foreign trader has operated for at least 01 year from the date of establishment or registration;
3. In case the business registration certificate or equivalent documents of the foreign trader have specified duration of operation, that must remain at least 01 year from the date of the application;
4. Operational contents of the representative office must comply with commitments of Vietnam in international treaties to which Vietnam is a member;
5. In case activities of the representative office are inconsistent with Vietnam’s commitments or foreign traders do not belong nations and territories participated in the international treaties to which Vietnam is a member, establishment of representative offices must be approved by the Ministers, Heads of ministerial-level authorities of specialized management (hereinafter referred to as the Minister of specialized management).
2. Dossier of application for issuing licenses of establishment representative offices
2.1 The Dossier, includes:
a) An application for license of establishment of representative offices in the form of MOIT and signed by authorized representative of the foreign trader;
b) Copy of business registration certificate or equivalent documents of foreign traders;
c) Letter of appointment of the head of representative office;
d) A copy of the audited financial statements or written confirmation of the implementation of tax or financial obligations in the most recent fiscal year or equivalent documents of the competent authorities where foreign trader is established, confirming, proving the existence and operation of the foreign trader in the latest fiscal year;
dd) A copy of passport or ID card (for Vietnamese) or a copy of passport (for foreigners) of the head of the representative office;
e) Documentation of the planned location of the head office representative office include:
  • A copy of the memorandum or lease agreement or copies of documents proving the trader is entitled to exploit and use the location for their headquarters representative office;
  • Copies of documents on the planned location of the head office representative office as stipulated in Article 28 of the Decree 07/2016/ND-CP and relevant regulations.
2.2 Documents specified in b, c, d and e (in case the passport copy of the head of the representative office being a foreigner) Clause 1 of this regulation must be translated into Vietnamese and certified made under the provisions of the law of Vietnam. Documents specified in Clause 1 of this regulation shall be certified or legalized in accordance with the law of Vietnam by the diplomatic missions, consular offices of Vietnam in foreign countries.
Any question please contact NVCS for detail case-by-case legal advices.

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