1. Legal basics
– Article 44, 45 Law on Enterprises 2020.
– Article 31 Decree 01/2021/NĐ-CP on enterprise registration.
– Circular 47/2019/TT-BTC on prescribing the rates of charges for provision of enterprise information and fees for enterprise registration and charge and fee collection, remittance, management and use.
2. Compare Representative Office with Branch of enterprise in Vietnam
|Definition||A Representative Office of an enterprise is its dependent unit which acts as the enterprise’s authorized representative, represents and protects the enterprise’s interests. A representative office shall not do business.||A Branch of an enterprise is its dependent unit which has some or all functions of the enterprise, including an authorized representative. The business lines of a branch shall match those of the enterprise.|
|Dossier||1. A notification of establishment of Representative office/Branch
2. The notarized copy of the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company; the copy of the resolution or decision of the owner of the single-member limited liability company on establishment of Representative office/Branch.
3. A notarized copy of the identity card/citizen identity card/passport of the head of the Representative Office/Branch;
4. The notarized copy Enterprise Registration Certificate; Investment Registration Certificate (if applicable).
|Quantity of dossier||01|
|Place of issuance||Business Registration Office at Planning and Investment Department where located the Representative Office address of Company.|
|Order of processing||Step 1: Submit application for establishment of Representative Office/Branch at the Business Registration Office where the Representative Office/Branch is located through the National Portal on Business Registration (https://dangkykinhdoanh.gov.vn).
Bước 2: Business Registration Office shall issue Representative Office/ Branch Registration Certificate (if the documents are valid). If the documents are invalid, Business Registration Room shall notify in writing the contents that need to be amended or supplemented to the enterprise.
|Time||03 working days from the date of receipt of valid documents|
|Stamp||The enterprise shall decide the type, quantity, design and content of its seal and the seals of its Representative office/Branch
The management and storage of seals shall comply with the company’s charter or regulations of the Representative office/Branch that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.
|Fee||- Waiver of fee for issuance of Representative Office/ Branch Registration Certificate.
- Fee for publication of registered contents of Representative Office/ Branch: 100.000 VND.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Setting up Representative Office and Branch.
- Email: email@example.com
- Phone number: +84 935 439 454.