Procedures to establish Representative Offices in Vietnam

MTON VIETNAM LAW FIRM

 

Conditions

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

 

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

(2) Having operated for no less than 01 year since legal establishment or valid business registration in the countries of origin;

 

Application dossier

Application dossier for Licence for establishment of representative office includes:

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

(2) Copy of the business entity’s Registration Certificate or other alternative documents certified by competent agencies of the country where the business is established. If the Business Registration Certificate or alternative documents have expiry date for business entity’s operation, the remaining time must be at least one year (must be translated into Vietnamese, certified by the overseas diplomatic representative office in Vietnam and legalized in accordance with Vietnamese laws)

(3) Audited financial reports or other alternative documents 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 with Vietnamese laws)

(4) Copy of Corporate Charter, applied to those which are economic organizations.

 

Legal period

Licence for establishment of representative offices 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.

 

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.