To establish representative office in Vietnam, the foreign traders have to follow the procedures as guided by the Commercial Law in Vietnam and the related decrees providing instructions of the law.
Dossiers to Establish Representative Office in Vietnam
Preparation of dossiers to establish representative office in Vietnam includes:
-An application form for License for Establishment of the representative office using the form promulgated by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader.
-Copies of the Certificate of Business Registration or equivalent documents of the foreign trader (shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam under laws of Vietnam);
-A letter of appointment of the head of the representative office (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam);
Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign trader issued or certified by competent authorities where such foreign trader is established (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam);
Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.);
Documents on the Expected Location to Establish Representative Office in Vietnam
Documents on the expected location to establish representative office in Vietnam include:
-Copies of memorandum of understanding or leasing agreements or documents as proof of the right to use a location as the representative office;
-Copies of documents on the expected location of the representative office.
Procedures for granting of Licenses to Establish Representative Office in Vietnam
-Foreign traders submit applications directly or via post or online (if applicable) to the Department of Industry and Trade of the locality where the representative office is to be located.
-Within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall examine and request the supplement if the dossier is incomplete and invalid. Requests for additional records are made at most once during the processing of applications.
-Except for the establishment of a representative office have to submit for directions of the relevant Ministry of Industry, within 07 working days from the date of receipt of a complete and valid application the Department of Industry and Trade shall grant or refuse to grant a license for establish a representative office for foreign trader. In case of refusal, the reasons must be clearly stated in writing.
-Where the establishment of a Representative Office is subject to the approval of the relevant Minister or the Head of the ministerial level agency and the establishment of a Representative Office not yet stipulated in the normative document.
The Department of Industry and Trade shall send a written request for directions to the specialized management ministry within 03 working days from the date of receipt of a complete and valid dossier.
Within 05 working days from the date of receipt of the written request for the directions of the Department of Industry and Trade, the specialized management ministry shall issue a written statement stating its consent or refusal to grant a license for the establishment of the representative office.
Within 5 working days after receiving the opinions of the specialized managing ministries, the provincial / municipal Industry and Trade Services shall grant or refuse to grant permits for the establishment of representative offices to foreign traders. In case of non-licensing, the reasons therefor must be clearly stated in writing.
In addition, for certain special cases managed by the specialized management ministry, the licensing of representative offices is carried out in accordance with the specific regulations.
How a Law Firm in Vietnam Facilitates the Foreign Traders to Establish Representative Office in Vietnam
1. Application Form Precision:
A reliable law firm in Vietnam ensures the accurate completion of the application form for the License to establish representative office in Vietnam. They meticulously guide foreign traders in adhering to the specific requirements outlined by the Ministry of Industry and Trade, minimizing the risk of errors that could lead to delays in the application process.
2. Certification and Legalization Expertise
Law firms leverage their expertise to assist foreign traders in obtaining and certifying copies of the Certificate of Business Registration or equivalent documents. They liaise with overseas diplomatic missions or Consulates of Vietnam, ensuring that all certifications and legalizations comply with the laws of Vietnam. This meticulous approach is vital for the acceptance of documents in the Vietnamese regulatory framework.
3. Translation and Certification of Documents
Foreign documents, such as the letter of appointment for the head of the representative office, audited financial statements, and passport copies, need to be translated into Vietnamese. A law firm facilitates this translation process and ensures that the translations are certified as true in accordance with Vietnamese laws, maintaining the integrity and authenticity of the documents.
4. Head of Representative Office Documentation
Law firms guide foreign traders in the preparation of essential documents related to the head of the representative office. This includes the letter of appointment, passport copies (for foreigners), or ID card copies (for Vietnamese). They ensure that these documents meet the translation and certification standards mandated by Vietnamese laws.
5. Financial Compliance Assurance
The submission of copies of audited financial statements or certificates of tax liabilities fulfillment is a critical component of the dossier to establish representative office in Vietnam. Law firms assist foreign traders in ensuring that these financial documents meet the specified criteria, translating and certifying them appropriately. This attention to financial compliance is pivotal for demonstrating the foreign trader’s existence and sound operation.
6. Timeline Management and Submission Coordination
Law firms play a proactive role in managing the timeline for dossier preparation and submission to establish representative office in Vietnam. They ensure that all required documents are ready within the stipulated timeframe, facilitating a seamless submission process. This involves coordination with the relevant authorities to guarantee a timely and efficient review.
7. Ongoing Communication and Follow-Up
Throughout the establishment process, law firms maintain open lines of communication with the authorities involved to assist foreign trader to establish representative office in Vietnam. They proactively address any inquiries or requests for additional information, ensuring a smooth and cooperative dialogue. Regular follow-ups are conducted to expedite the approval process and keep foreign traders informed of the status.
8. Legal Compliance Check
A paramount responsibility of law firms is to conduct a thorough legal compliance check of all submitted documents to establish representative office in Vietnam. They ensure that the dossier meets the stringent requirements of Vietnamese laws, minimizing the risk of rejection or delays due to non-compliance.
In summary, a law firm in Vietnam acts as a comprehensive partner for foreign trader, guiding them through each step of the dossier preparation and submission process to establish representative office in Vietnam. Their legal expertise, attention to detail, and proactive approach contribute to a successful and compliant process to establish representative office in Vietnam.
About ANT Lawyers, a Law Firm in Vietnam
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
Source: https://antlawyers.vn/library/guidance-to-establish-representative-office-in-vietnam.html
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