Procedures to establish of Branches in Vietnam

MTON VIETNAM LAW FIRM

Conditions 

Foreign businesses are to be granted Licence for establishment of branches in Vietnam if they meet the following conditions:

(1) Being recognized as legal businesses by countries or territories (jointly known as countries) of business registration;

(2) Having operated for no less than 05 years since legal establishment or valid business registration in the countries of origin;

Legal period 

Licence for establishment of branches expire in five years but no more than expirition date of business registration or equal documents of foreign businesses in case foreign legislation establishes such a date.

Application dossier 

Application dossier for Licence for establishment of branch includes:

(1) Application for establishment of branch in accordance with forms issued by the Ministry of Trade. The Application must be signed by legal representative of the foreign business;

(2) Copy Corporate Charter of the branch, specifying scope of authorization of the branch’s head (must be translated into Vietnamese, certified by the overseas diplomatic representative office in Vietnam and legalized in accordance withVietnamese laws)

(3) Copy of the Business Registration Certificate or other alternative documnets certified by competent agencies of the country where the business was established. If the Business Registration Certificate or alternative documents have an expiry date , the remaining time must be at least three years (must be translated into Vietnamese, certified by the overseas diplomatic representative office in Vietnam and legalized in accordance withVietnamese laws)

(4)  Audited financial reports or other alternative papers proving real existence and operation of the foreign business in the latest fiscal year (must be translated into Vietnamese, certified by the overseas diplomatic representative office in Vietnam and legalized in accordance withVietnamese laws)

Rejection cases

(1) Foreign business does not meet conditions above

(2) Foreign business trades in goods and services that are included in the List of prohibited goods and services under Vietnamese laws

(3) There are evidences that establishment of the representative offices are harmful to people’ health, national defense, security, social order, historic traditions, culture and ethics and other customs of Vietnam  or brings damages to natural resources and the environment