Procedures to establish Representative Offices in Vietnam

MTON VIETNAM LAW FIRM

Conditions for Licensing Representative Offices of Foreign Businesses in Vietnam
Foreign businesses may be granted a License for Establishment of a Representative Office in Vietnam if the following conditions are met:

The business is legally recognized in its country or territory of registration.

The business has been in operation for at least one year from the date of legal establishment or valid business registration in its home country.

Application Dossier
The application dossier for the License to Establish a Representative Office in Vietnam must include:

Application form for establishment of a representative office, in the format prescribed by the Ministry of Industry and Trade. The application must be signed by the legal representative of the foreign business.

A copy of the Business Registration Certificate or equivalent document, duly certified by a competent authority in the country of origin.

If this certificate has an expiration date, it must remain valid for at least one more year.

The document must be translated into Vietnamese, legalized according to Vietnamese law, and certified by the Vietnamese diplomatic mission abroad.

Audited financial statements or equivalent documents proving the foreign business’s lawful existence and operation during the most recent fiscal year.

These must also be translated into Vietnamese, legalized, and diplomatically certified.

Copy of the Corporate Charter, if applicable (i.e., in case of economic organizations).

Validity Period
The License for Establishment of a Representative Office is valid for up to five years, but shall not exceed the expiration date of the foreign business’s registration or equivalent certificate, if such a date exists under foreign law.

Grounds for Rejection
A license may be denied in the following cases:

The foreign business does not meet the required conditions.

The business operates in sectors banned under Vietnamese law, including goods or services on the Prohibited List.

There is evidence that the establishment of the representative office:

Endangers national security, defense, public health, public order, or social ethics;

Violates Vietnam's historical or cultural traditions, or

Harms the environment or natural resources.