Procedures for registration of a representative office in Vietnam by NGOs
Procedures for registration of a representative office in Vietnam by NGOs. Conditions and dossiers for registration of a representative office in Vietnam by NGOs. Let us learn about this topic with LSX Law firm below:
What are NGOs?
As can be seen, NGOs or non-governmental organizations are international organizations. The members are not in the government legally established based on voluntary principles. They work without profit, promoting human activities in the international relations of science – technology, culture, social and humanities, etc…
NGOs usually operate on a charter basis. Some countries must work to a certain standard, meet certain conditions, and use two or more countries under their mission statement activities, membership, and supporting organizational structures and financial resources to stay afloat.
NGOs play an essential role in keeping the peace, cooperation, and development together between countries with prestige and influence worldwide.
There are several NGOs in the world and Vietnam today, such as the World Committee of the Red Cross, international youth scholarships, international amnesty, green peace; Human Rights Watch, International Standardization Organization, United Nations Children’s Fund, World Vision, International Fund for Nature, United Nations Population Fund, Vietnam Youth Forum …
Conditions for registration of a representative office in Vietnam by NGOs
Decree No. 12/2012/ND-CP stipulates that a foreign non-governmental organization wishing to register to set up a representative office in Vietnam must satisfy the following conditions:
Firstly, has an operation registration certificate
Secondly, having a commitment to long-term operation through programs and projects approved by Vietnamese competent authorities.
Thirdly, has been operating effectively in Vietnam for at least two years.
Finally, representative offices can only be located in one of three (three) cities: Hanoi, Da Nang and Ho Chi Minh City.
A foreign non-governmental organization applying for a Certificate of Registration for the establishment of a representative office; submitted directly or by post or through a Vietnamese representative mission abroad; 01 dossier set to the Committee for Working on Foreign Non-Governmental Organizations; (documents in foreign languages must be accompanied by a duly certified Vietnamese translation).
Dossiers for registration of a representative office in Vietnam by NGOs
Dossier for registration of establishment of a representative office of a foreign non-governmental organization includes:
Firstly, an application for setting up a representative office must contain the following main contents:
The need for the establishment of a representative office; expected location of representative office; expected number of foreign and Vietnamese employees required for the operation of the Representative Office.
Secondly, 01 original of an operation registration certificate or 01 copy of the license to establish project office; (in case a project office established in Vietnam).
Thirdly, 01 documents of the program or project in Vietnam; and 01 original or a copy of the original approval of the competent authority of Vietnam.
Moreover, 01 original or 01 copy of the judicial record of the person expected to be the head of the representative office; issued by a competent agency of the country of which the head of the office is a citizen; which consularly legalized. If the Chief of the Office has resided in Vietnam for more than 6 months, he/she must have an additional 01 original of the criminal record issued by a competent Vietnamese agency.
In addition, 01 biography of the person expected to be appointed as the head of the representative office; and the letter of introduction as the representative in Vietnam of the head of the foreign non-governmental organization.
Finally, 01 copy of report on operation results in Vietnam of at least 02 (two) recent years.
Execution time for registration of a representative office in Vietnam by NGOs
+ Within 45 (forty years) working days from the date of receipt of complete and valid dossiers; The Working Committee on Foreign NGOs is responsible for notifying the results in writing to the relevant foreign NGO.
+ In case of being approved for the grant of a representative office registration certificate; The foreign non-governmental organization shall have to send the person signing the application to receive the registration certificate; for setting up a representative office directly at the head office of the Committee for Working on Foreign Non-Governmental Organizations. In case of authorizing another person, the recipient required to present the power of attorney and personal papers (passport, identity card …) or can receive the Registration Certificate for setting up a representative office by post.
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Related questions
The term of a representative office registration certificate is 05 (five) years from the date of issuance but must not exceed the time limit for operation registration of the foreign non-governmental organization in the place of establishment or head office in the university. The law of that country stipulates the time limit for registration of activities of non-governmental organizations.
Firstly, representative offices are protected their legitimate rights and interests during their operation in Vietnam in accordance with Vietnamese law. Secondly, the representative office shall exercise its rights and obligations under the provisions of the Commercial Law and in accordance with the contents of the License.
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