Contents
- I. What is a representative office of a foreign investor in Vietnam?
- II. Requirements for grant of Licenses for establishment of representative offices
- III. The power to grant of Licenses for establishment of representative offices
- IV. Order of granting representative offices establishment license
- V. Dossiers
- VI. Settlement time
- VII. Fees
I. What is a representative office of a foreign investor in Vietnam?
A representative office of a foreign investor in Vietnam means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law.
II. Requirements for grant of Licenses for establishment of representative offices
Foreign businesses shall be granted Licenses for establishment of offices if they satisfy the following requirements:
- 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;
- The foreign investor has come into operation for at least 01 year from the date of establishment or registration;
- The Certificate of Business registration or equivalent document is valid for at least 01 more year from the date of submission of the application;
- The scope of operation of the representative office is conformable with Vietnam’s Commitments to market access stipulated in treaties to which Vietnam is a signatory;
- Where the scope of operation of the representative office 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, the representative office can be established only if relevant Ministers, Heads of ministerial agencies (hereinafter referred to as “relevant Ministers”) have given approval for establishment of the representative office.
III. The power to grant of Licenses for establishment of representative offices
- The Department of Industry and Trade of the province where the representative office is expected to be located outside industrial parks, export-processing zones, economic zones or hi-tech zones.
- Management Boards of industrial parks, export-processing zones, economic zones or hi-tech zones (hereinafter referred to as Management Boards) where the representative office is expected to be located in industrial parks, export-processing zones, economic zones or hi-tech zones.
IV. Order of granting representative offices establishment license
Step 1: Submit your application in person or by post to the licensing agency
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 representative offices is granted. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.
Note: Where the scope of operation of the representative office 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 representative offices that has not 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 representative office establishment license to a foreign investor.
V. Dossiers
- An application form for license for establishment of the representative office
- 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 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 trader is established
- 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 or leasing agreements or documents as proof of the right to use a location as the office representative
– 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 trader 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 (for the case where the passport copy of the head of the representative office 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 Presentative office establishment for foreign investor .
Contact us
-
- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.