Establishing a representative office of a limited liability company in Vietnam

by DungTran

Establishing a representative office of a limited liability company in Vietnam. Your business is a limited liability company and you are looking to conduct market research; or promote your brand; a representative office is a suitable choice for you. To better understand the procedures for establishing a representative office; the company is a limited liability company, please refer to the following article of LSX Law firm

Enterprise Law 2014

Decree 78/2015/ND-CP

Other relevant legal documents 

Representative offices have no business functions. The main function of a representative office is a liaison office; conduct research activities, provide information, support businesses to access new markets and partners. Therefore, the biggest advantage of a representative office is that there are no procedures related to tax reporting; and no license tax to be paid.

In addition, an enterprise can set up a representative office in the same province; city or other cities, in the country or abroad; and may set up one or more representative offices in a locality according to the administrative boundaries. Representative offices are entitled to register their seals to facilitate the operation process. 

Documents for establishing a representative office of a limited liability company in Vietnam

a) For a multiple-member limited liability company in Vietnam, the application includes:

Firstly, notice of establishment of representative office;

Secondly, a written decision of the Members’Members’office’senterprise’sestablishingoffice’senterprise’s Council on thMembers’hment of a representative office;

Thirdly, minutes of the Members’ Council meeting on the establishment of a representative office;

Moreover, decMembers’oint the head of the representative office of the Members’ Council;

Also, a valid copy of one of the head of the representative office (ID card/citizen identity card/passport). 

b) For a single-member limited liability company in Vietnam:

The dossier is similar, except for the meeting minutes because the limited liability company does not have a Members’ Council and has only one owner:

Notice of establishment of representative office;

In addition, a written decision of the company owner on the establishment of a representative office;

Moreover, the decision to appoint the head of the representative office of the company owner;

Besides, a valid copy of one of the headsheads of the representative office (ID card/citizen identity card/passport). 

Process and procedures for establishing a representative office of a limited liability company in Vietnam

Place of application: The company applies to the Business Registration Office – Provincial Department of Planning and Investment where the representative office is located.

Receive results: After receiving the valid dossier of the enterprise; the provincial business registration office enters information into the National Business Registration Information System to request the representative office code; then issues Certificate of operation registration of representative office. 

Besides:

If the application is not valid and is not resolved; the Business Registration Office shall issue a written notice of amendment and supplementation, clearly stating the reasons for the applicant.

Within 10 working days from deciding to establish a representative office; the enterprise shall send a notice of establishing an office enterprise’s representative office to the Business Registration Office. In case your business shows a representative office in another province or city where the enterprise’s head office is located; the Business Registration Office where the representative office is headquartered shall send information to the Business Registration Office where the enterprise’s headquarters is located.

After establishing a representative office; you will need to do one more procedure: notify the representative office’s seal sample (if any). 

Finally, hope this article about Establishing a representative office of a limited liability company in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn

Related questions

What is a Single-member limited liability company?

Firstly, the single-member LLC will stay under the control of an organization or individual who will have the full right to decide on all issues related to the company’s operations; and does not need to seek opinions or suggestions from the other subjects; which makes the management of the company is also simpler.
Secondly, the owner of a single-member LLC is only responsible for the company’s activities within the amount of capital they contribute to the company; so it poses little risk to the owner. This is also an outstanding advantage when compared to private enterprises.

What is a Multiple-member limited liability company?

When talking about the liability, the company is only responsible for debts within the amount of capital they contribute to the company; then it poses little risk to capital contributors.
Moreover, the number of members is neither too little nor too much; and the members are usually acquaintances and trust each other. Therefore the management and administration of the company are easier and not too complicated like a joint-stock company. The capital transfer regime remains under restriction; which gives investors the ability to control the change of members, limiting the penetration of strangers.

5/5 - (1 vote)

You may also like

Leave a Comment