PROCESS OF BRANCH ESTABLISHMENT IN VIETNAM

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. 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.