SET UP A REPRESNTATIVE OFFICE IN VIETNAM

ESTABLISHMENT OF REPRESENTATIVE OFFICE OF FOREIGN TRADERS IN VIETNAM

 

 

I. DEFINITION

A representative office is a unit dependent on the enterprise and obliged to represent the enterprise’s interests under authorization and protect such interests.

 

II. FUNCTIONS

Functions of representative offices:

  1. An intermediary office is responsible for liaising and dealing with partners
  2. Conduct research activities, provide information, support businesses to access new markets and partners

Therefore, the representative office can only perform the function of an authorized representative of the business, meaning that the representative office only has the function of transaction and marketing. The purpose of a representative office is simply understood as a place to promote the products of the business, a place to answer and advise customers.

 

III. CONDITIONS FOR ESTABLISHING REPRESENTATIVE OFFICES OF FOREIGN TRADERS IN VIETNAM

 

 

According to the provisions of Decree 07/2016/ND-CP, foreign traders are allowed to set up their representative offices in Vietnam according to Vietnam’s commitments in international treaties to which Vietnam is a member.

Conditions for grant of a license for setting up a representative office

Foreign traders shall be granted Licenses for Establishment of representative offices if they satisfy the following requirements:

  1. The foreign trader is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;
  2. The foreign trader has come into operation for at least 01 year from the date of establishment or registration;
  3. The Certificate of Business Registration or the equivalent document is valid for at least 01 more year from the date of submission of the application;
  4. The scope of operation of the representative office is consistent with that in Vietnam’s Commitments to treaties to which Vietnam is a signatory;
  5. Where the scope of operation of the representative office is inconsistent with Vietnam’s Commitments or the foreign trader is not located in the country or territory being party to treaties to which Vietnam is a signatory, the representative office can be established only if relevant Ministers, Heads of ministerial agencies (hereinafter referred to as “relevant Ministers”) have given approval for establishment of the representative office.

 

IV. DOSSIERS ON ESTABLISHMENT OF REPRESENTATIVE OFFICES

 

 

No. Component of profile
1  An application for setting up a representative office
2   Certified copy of Enterprise Registration Certificate or equivalent document of foreign trader;
3 Documents of foreign trader appointing the head of Representative Office;
4 A copy of the audited financial statement of the foreign trader in the latest fiscal year
5 Certified copy of passport or identity card or citizen identity card (if Vietnamese) or copy of passport (if foreigners) of the Head of Representative Office;
6 Documents on the expected location of the representative office including:

  • Copies of memorandum of understanding (MOU) 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 in accordance with provisions of Article 28 hereof and related laws.
7 Power of attorney for HANKUKU LAW Company

Note: Documents that are in foreign languages, they must be consularly legalized and notarized translation into Vietnamese.

Handling time: 07-12 working days.