How does a joint stock company establish a representative office? LSX Lawfirm will give you an article about: “Joint stock company establishes a representative office in Vietnam”, 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 company establishes a representative office in Vietnam
The composition of the application file for registration of a representative office is specified as follows:
Notice of registration of representative office operations.
The form is in Appendix II-11 issued together with Circular 20/2015/TT-BKHDT.
Decision of the Board of Directors on the establishment of a representative office. A valid copy of:
- Firstly, the meeting minutes of the Board of Directors on the establishment of the representative office.
- Secondly, the decision on appointment of the head of the representative office.
- Thirdly, one of the personal identification papers of the head of the representative office and the person authorized to carry out the procedures:
– 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.
Request for supplement, update of operation registration information for representative offices, for companies operating under the Investment License, Investment Certificate or other valid documents equivalent has not supplemented or updated business registration information in order to be granted business registration to replace the business registration content in the Investment License, Investment Certificate or other legally valid documents. equivalent;
Authorization letter for the person to submit the application and receive the result if not the legal representative.
Related questions about: “Joint stock company establishes a representative office in Vietnam”
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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