Process of establishment of representative offices in Vietnam

A representative office is a dependent unit of the enterprise, which has the task of representing by authorization the interests of the enterprise and protecting those interests. Representative offices do not perform the business functions of enterprises. (Article 44 Enterprise Law 2020).

Thus, the main function of the Representative Office is to perform the duties of an authorized representative for the Enterprise. Depending on the purpose of the Enterprise when expanding its business activities, it is decided to establish a Representative Office or Branch or Business Location accordingly.

In this article, the legal consultants of HT INVESTMENT & IMMIGRATION CO., LTD will focus on analyzing and guiding the implementation of necessary steps to apply for a license to establish a Representative Office so that they can actually operate in accordance with the provisions of the law.

1.The legal basis for the establishment of a representative office

Enterprise Law 2020, Articles 44, 45, Representative offices

2. The papers and documents to be prepared to apply for a license to establish a representative office

1/ Notice of representative office registration

2/ A copy of the establishment decision and a copy of the meeting minutes on the establishment of the branch or representative office of the enterprise; copies of legal papers of the individual for the head of the branch or representative office

3/ A copy of the business establishment license; Investment registration license (if any)

3. The process of applying for a representative office establishment license

Dossier-receiving agency: Business Registration Office, Department of Planning and Investment, where the Representative Office is established

Number of records: 01 set

Time: 03 working days if the application is valid

Procedure for submitting applications

1. 1. Register online on the National Business Registration Portal and get a Receipt of Receipt
   2. Submit the prepared paper application to the application-receiving place with the results of the previous online application

Result: Certificate of operation registration of representative office for the enterprise

4. The seal of the Representative Office

Enterprises decide on the type of seal, quantity, form and content of the representative office’s seal.

The management and keeping of the seal shall comply with the provisions of the company’s charter or regulations promulgated by the representative office of the enterprise with the seal. Enterprises use seals in transactions as prescribed by law.