Accordingly, is your company an enterprise that wants to set up a representative office abroad? So, LSX Lawfirm will give you an article about: “Joint-stock companies in Vietnam set up representative offices abroad”, as follows:
Legal grounds
Law on enterprises 2020
Law on investment 2020
Decree No. 01/2021/ND-CP
Circular No. 01/2021/TT-BKHDT
Foreign representative office in Vietnam
Accordingly, 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:
So, 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.
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Features of representative office
Joint-stock companies in Vietnam set up representative offices abroad
For companies that often have foreign partners, having a representative office abroad is necessary. In case of setting up a representative office in a foreign country, it is necessary to prepare the following documents:
- Firstly, Notice of establishment of representative offices abroad. The form is in Appendix II-12 issued with Circular 20/2015/TT-BKHDT.
- Secondly, A valid copy of the representative office operation registration certificate or equivalent paper;
- Thirdly, A written authorization for the person to submit the application and receive the results if he is not the legal representative. It related to Joint-stock companies in Vietnam set up representative offices abroad.
- Then, A valid copy of one of the personal identification papers of the person authorized to carry out the procedure (if any):
– For Vietnamese citizens: Citizen identification card or Vietnamese identity card or passport is still valid.
– For foreigners: Foreign passports or valid documents replacing foreign passports are still valid.
Where to apply:
- Business Registration Office – Department of Planning and Investment where the representative office is located
- Business Registration Office – Department of Planning and Investment where the company is located, when making a notice of a representative office set up abroad
Deadline for settlement:
Within 03 (three) working days from the date of receipt of complete and valid dossiers.
Above is the basic information for a joint stock company about setting up a representative office.
Related questions
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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