HTLaw

PROCEDURE FOR ESTABLISHING THE REPRESENTATIVE OFFICE OF COMPANY IN VIET NAM

A representative office of an enterprise is its dependent unit which acts as the enterprise’s authorized representative, represents and protect the enterprise’s interests. A representative office shall not do business. (Article 44 Enterprise Law 2020).

Thus, The Representative office’s function is obliged to represent under the company authorization. Depend on the company’s purposes, investors set up the Representative office or the Branch or Business location on suitable.

In this writing, these legal consult experts of HT INVESTMENT & IMMIGRATION CO., LTD shall focus on analysing and guiding the necessary procedure to apply for The Representative Office Registration Certificate so that The Representative office can do business activities suitable with the law.

Firstly, the legal basis to set up the Representative Office

  • Enterprise Law 2020, Article 44, 45, Representative office

Secondly, the documents to apply for Representative Office Registration Certificate

1/ Notice of registration activities of Representative Office;

2/ Copies of the Establishment Decision and minutes of the meeting on the establishment of the enterprise’s branch/representative office, legal documents of the head of the branch/representative office.

3/ The notarized copy Enterprise Registration Certificate; Investment Registration Certificate (if have).

Thirdly, the procedure to apply for Representative Office Registration Certificate

Place of Issue: Business Registration Room at Planning and Investment Department where located the Representative Office address of Company

Quantity of dossier: 01

Timeline: 03 business day if valid

Steps apply for dossier:

Register online on National Registration Enterprise online System and receive the Receipt register online.

Hand in documents and the Receipt register online to the Place of Issue above.

Result: Representative Office Registration Certificate.

Fourthly, stamp of the Representative Office

The enterprise shall decide the type, quantity, design and content of its seal and the seals of its representative offices.

The management and storage of seals shall comply with the company’s charter or regulations of the representative office that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.

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