ESTABLISHING REPRESENTATIVE OFFICE/BRANCHES

ANPHAMCO’s services establishing Representative offices/branches of foreign businesses in Vietnam including:

- Legal advice on regulations related establishing Ref. Office/branches of foreign businesses in Vietnam

- Preparing records and filing an application for establishing.

- Providing servies guiding doing business in Vietnam - Providing market servey reports

- Providing local senior staffs

Some basic regulations on Representative offices/branches of foreign businesses in Vietnam

The Vietnam government has issued Decree 07/2016/ND-CP dated January 25, 2016, to manage operations of representative offices and branches of foreign businesses in Vietnam, which includes procedures for licensing and conditions for establishment.

The new decree, effective from March 10 this year, will replace the one issued in 2006. Article 3 stipulates that a foreign businessperson shall not be allowed to establish more than one representative office or branch with a similar name in the same province or centrally controlled city in Vietnam.

According to the Decree, foreign businesspeople shall be issued representative office establishment licenses in Vietnam when they meet the following requirements:
- Foreign businesspeople who are eligible to establish or register a business license under the legal regulations of their own countries or territories;
- Having operated for no less than 1 year since the legal establishment or valid business registration in their countries of origin;
- The business registration license or other relevant documents must be valid for at least 1 year from the day of submission;
- The Operational Charter (fundamental information of an organization with address, establishment day, capital, business field, industry, missions, organizational structure, etc.) of a representative office must be suitable with Vietnam’s agreements in international treaties and documents signed with other countries, territories;
- In case the operational charter is not suitable with Vietnam’s agreements in international treaties, documents signed among and other countries, territories; or foreign businesspeople from countries, territories that are not part of any joint treaty, agreement, pacts or other documents signed with Vietnam, the case shall be decided by a minister or top leader of a ministerial organization.
- Foreign businesspeople shall be entitled to a branch establishment license in Vietnam when they meet the above-mentioned requirements. The only difference from establishing a representative office is that foreign businesspeople applying for a branch license must have been operating for at least 5 years since their legal establishment or valid business registration in their countries of origin.

Documents are required for foreign businesspeople to establish a representative office or branch in Vietnam

Foreign businesspeople need to submit documents on the expected location of their representative office or branch, including:

- Copy of a Memorandum of Understanding or site rent agreement or copy of confirmation of site exploration and utilization rights;
- Copy of documents pursuant to security, public order, work safety and hygiene, no lending or subleasing or other relevant regulations.
Moreover, other required documents are similar to the previous regulations in Decree 72/2006/ND-CP, including:
- Application form for the establishment license of a representative office/branch issued by the Ministry of Industry and Trade;
- Copy of a Business Registration Certificate or other relevant documents;
- Representative office/branch director's appointment/assignment contract;
- Copy of audited financial statement for the latest 5 fiscal years or other relevant documents issued by original country’s competent agencies or organizations;
- Copy of representative office/branch Operational Charter (documents stipulating basic information of an organization);
- Copy of passport/identity card (Vietnamese) or copy of passport (foreigner) of representative office/branch director.

The valid of Representative office/branch establishment licenses

Representative office/branch establishment licenses shall be valid for 5 years but not exceed the remaining validity of a business registration certificate.