Many foreign investors want to set up a representative office in Vietnam. So what are the characteristics of a representative office? LSX Lawfirm will give you an article about: “Features of representative office, as follow:
Legal grounds
Law on investment 2020
Foreign representative office in Vietnam
Pursuant to Clause 2, Article 44 of the Enterprise Law 2020, a representative office is: “a dependent unit of an enterprise, responsible for representing the enterprise’s interests and protecting those interests.”
Pursuant to Clause 1, Article 45 of the Enterprise Law 2020:
Enterprises have the right to set up branches and representative offices in the country and abroad. An enterprise can set up one or more branches and representative offices in a locality according to administrative boundaries.
So there is no limit to the establishment of a representative office.
Features of representative office
Representative office name
Representative office name must be written with letters of the Vietnamese alphabet, letters F, J, Z, W, numbers and symbols.
The name of the representative office must bear the name of the enterprise together with “Representative office”.
The name of the representative office must be written or attached at the head office of the representative office and printed or written in a font smaller than the Vietnamese name of the enterprise on transaction documents, documents and publications issued by the branch. , representative office issued.
In addition, as a dependent unit of the company, the Representative Office has no legal status.
Functions of Representative office
Representative office (representative office) is: “a dependent unit of the enterprise, responsible for representing by authorization for the interests of the enterprise and protecting those interests.” It is features of representative office
Therefore, the Representative Office cannot do business by itself. Representative offices only perform the functions and tasks of authorizing activities to protect the interests of enterprises.
Procedures for setting up a representative office
So, dossier and procedures for setting up a representative office in accordance with the law.
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Profile of establishment of Representative office
Accordingly, pursuant to Clause 2, Article 45 of the Enterprise Law 2020 and Clause 1, Article 31 of Decree No. 01/2021/ND-CP on business registration, a representative office operation registration dossier includes:
– Firstly, notice of establishment of representative office. It related to features of representative office
– Secondly, a copy of the establishment decision, and a copy of the meeting minutes on the establishment of a representative office of the enterprise; a copy of the citizen identification card, people’s identity card, passport or other lawful personal identification of the head of the representative office.
– Thirdly, a valid copy of the decision to appoint the head of the representative office.
Procedure for establishment
– Submit the application to the business registration agency where the representative office is located.
– Then, get the representative office certificate results.
Related questions about features of representative office
What is a representative office?
A representative office is a dependent unit of the enterprise; have the task of representing as authorized for the interests of the enterprise; protect those interests. In addition, enterprises have the right to set up representative offices in the country and abroad. An enterprise may set up one or more representative offices in a locality according to administrative boundaries.
What does change of operation registration contents of a representative office mean?
So, change of operation registration contents of a representative office means an enterprise making changes to the registered contents on the representative office operation registration certificate; the Business Registration Office has been granted where the representative office is located under the law on enterprises.
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