What does a foreign investor need to do when establishing an operating office in a BCC contract?

What does a foreign investor need to do when establishing an operating office in a BCC contract?

In order to operate the project directly in the business cooperation contract (BCC contract), instead of establishing an economic organization, the investor will be allowed to set up an operating office located in Vietnam. What documents do foreign investors need to prepare and what procedures should be followed when they want to establish an operating office?

1. Application for establishment of an operating office consists of:

- An application form which specifies the name and address of the representative office in Vietnam (if any) of the foreign investor to the business cooperation contract; name and address of the operating office; contents, duration, and operating scope of the operating office; full name, residence, ID Card or Citizen ID Card number or passport number of the head of the operating office;

- The decision of the foreign investor to the business cooperation contract for establishment of an operating office;

- A copy of the decision to appoint the head of the operating office;

- A copy of the business cooperation contract.

2. Procedures for establishment of an operating office in BBC contract

Step 1: file the application to competent agency

Number of required application: 01

Form of filing the application: file at where the representative office is expected to be located directly or by post or online (where applicable).

Competent agencies: Department of planning and investment where the office intended to be located.

Step 2: competent agencies receive and process

Once received the valid and sufficient documents, the Department of planning and investment receives the application, returns the license of receiving the application and makes an appointment to return the results to individuals and organizations. The specialized department receives and considers the validity of the application and submits it to the Department's leader for approval of the result of handling the application.

Within 15 days the investment registration authority shall issue the Certificate of registration of operating office to the foreign investor to the business cooperation contract.

Notes: The operating office of the foreign investor in the BCC contract has a seal, is allowed to open a bank account, recruit workers and conduct business activities due to the rights and obligations prescribed by law and BBC contract.

When submitting the application and receiving the result, the person doing the procedure must bring the following documents:

- The receipt of the application and the appointment to return the results;

- Identity card or other personal identification paper

- In case the investor authorizes another organization or individual to submit the application and receive the result, the person carrying out the procedures must present the ID card or passport or other valid personal identification papers and following documents: (I) service contract with the service organization that submits the application receives the results, and the recommendation letter from that organization for the individual to submit the application, receive result; (II) A written authorization letter for the individual to submit the application and receive the results as prescribed by law.

Legal services HTC VN Law Firm provides related to consulting procedures for establishing foreign-invested science and technology organizations:

- Consulting on legal issues related to the procedures for setting up an operation office in the BCC contract;

- Drafting legal documents on procedures for setting up an operation office in the BCC contract;

- Consulting on compiling and completing relevant documents and documents to carry out the procedures for establishing an operating office in a BCC contract?

- Representing the client to carry out the procedures for establishing an operating office in a BCC contract?

- Consulting on legal issues arising after the service.

Service Quality Commitment

The following are HTC Vietnam Law Firm’s Principles of Operation: Conscientious - Effective - Reliable. HTC Vietnam Law Firm assures quality, specifically as follows:

- Ensure that the work is carried out according to the agreed schedule, in accordance with the law, and in accordance with the code of ethics and Codes of Conduct of Vietnamese lawyers.

- Give priority to customers' interests, and make every effort to provide customers with the best quality of service.

- Respect the confidentiality of information that clients provided and information pertaining to the clients.

We are looking forward to a long-term cooperation.

Best Regards!

(Writer: Vu Ngoc Quynh/176; Date: 22/1/2022

Translator: Vu Ngoc Anh)