CONSULTATION ON THE PROCEDURES FOR THE ESTABLISHMENT OF FOREIGN REPRESENTATIVE OFFICES IN VIETNAM

CONSULTING PROCEDURES FOR ESTABLISHMENT OF A VIETNAM-BASED REPRESENTATIVE OFFICE OF A FOREIGN TRADER

Before making direct investments in Vietnam, Foreign traders and foreign enterprises should establish a representative office in order to explore and survey the market. HTC Vietnam Law Firm is willing to offer direction and advice on the legal framework, and procedures necessary to set up a Vietnam-based representative office. HTC Vietnam Law Firm also provides consulting services, represents the Client to draft dossiers, and submits them to Vietnam’s competent agencies.

Currently, investors from all over the world consider Vietnam’s economic market as a “bright spot” to invest in. Various international companies have the need to set up a Vietnam-based representative office to expand markets and seek investment opportunities. Thus, How to establish a Vietnam-based representative office in accordance with the current law process? HTC Vietnam Law Firm will answer in the article below.

I. Legal Basis:

- Civil Code 2015;

- Code Of Civil Procedure 2015;

- Law Commercial 2005;

- Decree 07/2016/NĐ-CP of Govermant date 25/01/2016 detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Law on Commerce.

II. Scope of consultation:

1. Subjects are entitled to establish a representative office in Vietnam

According to Clause 3, Article 16, foreign traders may set up their representative offices and branches in Vietnam; and set up in Vietnam foreign - invested enterprises in the forms prescribed by Vietnamese law.

2. Procedures and Dossiers

• * Foreign traders wishing to set up a foreign representative office in Vietnam send dossiers directly or by post or online (if eligible for application) to the licensing agency where the representative office is expected to be located (Business Registration Office of the province or city where the representative office is expected to be located).

An application for License for Establishment of a representative office consists of:

- An application form for License for Establishment of the representative office using the form promulgated by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader.

- Copies of the Certificate of Business Registration or equivalent documents of the foreign trader;

- A letter of appointment of the head of the representative office;

- Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office;

* Documents on the expected location of the representative office including:

+ Copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office;

+ Copies of documents on the expected location of the representative office in accordance with provisions of Article 28 hereof and related laws.

* Within 03 working days, the licensing agency checks the validity and requests additional documents (if any)

* Within 07 working days from the date of receipt of a valid dossier, the licensing agency grants or does not grant a license to establish a representative office for foreign traders. In case of refusal, the reason must be clearly stated.

The aforementioned are about the procedures for foreign enterprises to set up representative offices in Vietnam, assisting clients in meeting their demands swiftly, precisely, and professionally in accordance with the law. HTC Vietnam Law Firm always accompanies clients to provide legal services in the best way.

____________________________

For more details, please contact:

HTC Vietnam Law Firm

Address: 15th Floor, Multipurpose Building, 169 Nguyen Ngoc Vu, Trung Hoa Ward, Cau Giay District, Hanoi.

Tel: 0989.386.729; Email: [email protected]

Website: https://htc-law.com; https://luatsuchoban.vn

(Writer: The Tuan)

Translator: Pham Nguyen Nhat Linh