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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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Procedures for establishment of a representative office in Hanoi
Firstly
Secondly
Procedures: International Trade (Representative office of foreign traders in Hanoi)
Thirdly
Fee: 3,000,000 VND/license
In addition
Processing time: 07 working days from the date of receipt of complete and valid dossiers.
Procedures:
a. The order of execution
– Firstly, Foreign traders send dossiers of application for licenses to establish representative offices in Hanoi.
– Secondly, the Department of Industry and Trade considers the dossier, if the dossier is incomplete, within 03 working days, the Department of Industry and Trade shall notify the trader to supplement and complete the dossier.
– Thirdly, the Department of Industry and Trade considers and grants a license to establish a representative office of a foreign trader in Hanoi. In case of refusal to grant permission, a written reply must be given clearly stating the reason.
b. How to perform
– Firstly, submit directly at the Department of receiving documents and handling administrative procedures, Hanoi Department of Industry and Trade, No. 331 Cau Giay, Cau Giay district, Hanoi city.
– Then, through the postal system, delivery.
– Finally, submit online (online public service level 3 Hanoi Department of Industry and Trade).
c. Legal bases of administrative procedures
– Commercial Law No. 36/2005/QH11 promulgated by the National Assembly on June 14, 2005.
– Decree No. 07/2016/ND-CP dated January 25, 2006 of the Government detailing the implementation of the Commercial Law regarding representative offices and branches of foreign traders in Vietnam.
– Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplification of administrative procedures under the management function of the Ministry of Industry and Trade.
– Circular 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade regulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Law Trade in Representative Offices and Branches of Foreign Traders in Vietnam
– Circular 73/1999/TT-BTC dated September 14, 1999 of the Ministry of Finance guiding the collection of fees for granting permits to set up permanent representative offices of foreign economic organizations in Vietnam.
– Decision No. 03/2008/QD-UBND dated August 22, 2008 of the Hanoi People’s Committee defining the functions, tasks, powers and organizational apparatus of the Hanoi Department of Industry and Trade.
Profile composition:
a. Composition, number of records
Profile components include:
- Firstly, an application form for a license to establish a representative office, made according to form MD1 of Circular 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade, signed by an authorized representative of the foreign trader;
- Then, a copy of the business registration certificate or equivalent document of the foreign trader, certified or consularly legalized or certified by a diplomatic mission or consular office of Vietnam abroad. Vietnamese language and authenticate according to the provisions of Vietnamese law
- Then, the document of the foreign trader appointing/appointing the head of the representative office, translated into Vietnamese and authenticated according to the provisions of Vietnamese law
- Then, a copy of:
- So, the audited financial statement or a written certification of the fulfillment of tax or financial obligations in the latest fiscal year or a paper of equivalent value issued by a competent agency or organization where the trader is located. It also established foreign traders, or certify, prove the existence and operation of foreign traders in the latest fiscal year, translated into Vietnamese and authenticated in accordance with Vietnamese law
- Next, the passport (if it is a foreigner) of the head of the representative office, translated into Vietnamese and authenticated in accordance with Vietnamese law, or a copy of the passport or identity card or card. citizen identification (if Vietnamese).
- Finally, the memorandum of understanding or agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office.
-the document on the proposed location of the representative office’s new head office in accordance with relevant laws.
– Finally, number of documents: 01 set.
b. Requirements and conditions for carrying out administrative procedures
None.
Related questions about “Procedures for establishment of a representative office in Hanoi”
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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