Lưu trữ Branch establishment

I. What is a branch of a foreign investor in Vietnam?

A branch of a foreign investor in Vietnam means a dependent unit of the foreign investor, which is established and conducts commercial activities in Vietnam under the provisions of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.

II. Requirements for grant of Licenses for establishment of branches

Foreign businesses shall be granted Licenses for establishment of branches if they satisfy the following requirements:

1. The foreign investor is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;
2. The foreign investor has come into operation for at least 05 year from the date of establishment or registration;
3. The Certificate of Business registration or equivalent document is valid for at least 01 more year from the date of submission of the application;
4. The scope of operation of the branch is conformable with Vietnam’s Commitments to market access stipulated in treaties to which Vietnam is a signatory shall be consistent with lines of business of the foreign investor;
5. Where the businesses of the branch is inconsistent with Vietnam’s Commitments or the foreign investor is not located in one of countries or territories being parties to treaties to which Vietnam is a signatory, the branch can be established only if they obtain a prior consent of the relevant Minister for establishment of the branch.

III. The power to grant of Licenses for establishment of branches

The Ministry of Industry and Trade

IV. Order of granting branches establishment license

Step 1: Submit your application in person or by post to the Ministry of Industry and Trade

Step 2: The licensing agency shall examine such application and request the applicant to complete their application from the date of receipt of the application (if the application is incomplete). The request for supplementation to the application shall be made only once during the processing of such application.

Step 3: The licensing agency shall send the applicant a written notification of whether the license or establishment of the branch is granted. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejection shall be specified.

Note:

Where the scope of operation of the branch is inconsistent with Vietnam’s Commitments or the foreign investor is not located in the country or territory being party to treaties to which Vietnam is a signatory or the establishment of branches that have not been prescribed by specialized legislative documents, the licensing agency shall submit a written request for directions to the relevant Ministry before deciding to grant or not grant a branch establishment license to a foreign investor.

V. Dossiers

1. An application form for license for establishment of the branch
2. Copies of the Certificate of Business Registration or equivalent documents of the foreign investor
3. A letter of appointment of the head of the branch
4. Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign investor issued or certified by competent authorities where such foreign investor is established
5. Copies of the branch charter
6. Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the branch
7. Documents on the expected location of the branch including:

– Copies of memorandum of understanding or leasing agreements or documents as proof of the right to use a location as the branch

– Copies of the document on the proposed location of the head office meeting the provisions of Vietnamese law on security, order, and occupational safety and health conditions.

Note:

– Copies of the Certificate of Business Registration or equivalent documents of the foreign investor shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam, translated into Vietnamese and certified true in accordance with laws of Vietnam.

– Documents No. 3, 4, 5, 6 (for the case where the passport copy of the head of the branch is a foreigner) shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.

VI. Settlement time

– Normal cases: 7 working days from the date of receipt of complete and valid dossiers.

– Special cases: 13 working days from the date of receiving complete and valid dossiers

VII. Fees

3.000.000 VND

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HTLaw for advice and support for Branch establishment for foreign investor.

Contact us

- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.

A branch is a dependent unit of the enterprise, responsible for performing all or part of the functions of the enterprise, including the function of an authorized representative. The branch’s line of business must be consistent with the business line of the enterprise. (Article 44 Enterprise Law 2020).

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 Branch Operation Registration Certificate in accordance with the provisions of the law.

1.The legal basis for establishing the Branch

Enterprise Law 2020, Articles 44, 45. Representative offices, branches, and business locations of enterprises

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

- Notice of Branch operation registration
- A copy of the establishment decision and a copy of the meeting minutes on the establishment of the branch of the enterprise;
- A valid copy of the identity card/passport of the head of the Branch
- Copy of Business Establishment License; Investment registration license (if any)

3. The application process for the Certificate of Operation Registration of the Branch

- Dossier-receiving agency: Business Registration Office, Department of Planning and Investment where the branch is established
- Number of records: 01 set
- Time: 03 working days if the application is valid

Procedure for submitting applications

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

Result: Certificate of branch operation registration for enterprises

4. The Seal of the Branch

- The enterprise decides on the type, quantity, form, and content of the branch’s seal.
- The management and keeping of the seal shall comply with the provisions of the company’s charter or the regulations promulgated by the branch with the seal. Enterprises use seals in transactions as prescribed by law.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for Brand Establishment service.

Contact us

- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.

Tag: Branch establishment

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