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  • 2 June, 2016

    ESTABLISHMENT OF BRANCHES AND REPRESENTATIVE OFFICES OF FOREIGN TRADERS

    Foreign traders are allowed to set up their representative offices and branches in Vietnam according to Vietnam’s commitments in international treaties to which Vietnam is a signatory.

    A. ESTABLISHMENT OF REPRESENTATIVE OFFICES OF FOREIGN TRADERS IN VIETNAM

    1. Conditions for setting up representative offices of foreign traders in Vietnam

    Foreign traders are granted licenses for setting up Representative Offices when they meet the following conditions:

    – Foreign traders are established and registered in accordance with the laws of the country and territories participating in international treaties to which Vietnam is a signatory or publicized by the laws of these countries and territories;

    – Foreign business entity has been operating for at least 01 year from the date of its establishment or registration. (In case the business registration certificate or equivalent document of the foreign business entity stipulates the term of operation , the deadline must be at least 01 year from the date of submission);

    Activities of representative offices must conform to Vietnam’s commitments in international treaties to which Vietnam is a signatory (In case the content of operations of representative offices are inconsistent with the commitment of Vietnam or a foreign trader outside the country or territory participating in an international treaty of which Vietnam is a member, the establishment of the Office Representative offices must be approved by the Ministers)

    2. Operation duration of Representative Offices

    The operation license of a Representative Office of a foreign business is valid for 05 years and can be extended by the term of the previously issued license (but not exceeding the remaining term of the business registration certificate or equivalent documents of the foreign business entity in case that document has a deadline).

    B. ESTABLISHMENT FOR BRANCHES OF FOREIGN TRADERS IN VIETNAM

    1. Conditions for the grant of Branches establishment license

    Foreign traders are granted licenses for setting up their Branches when they meet the following conditions:

    – Foreign traders are established and registered in accordance with the laws of the countries and territories participating in the international treaties to which Vietnam is a member or recognized by the laws of these countries and territories;

    – Foreign business entity has been operating for at least 05 year from the date of its establishment or registration. (In case the business registration certificate or equivalent document of the foreign business entity stipulates the term of operation , the deadline must be at least 01 year from the date of submission);

    Activities of branches must conform to Vietnam’s commitments in international treaties to which Vietnam is a signatory (In case the content of operations of representative offices are inconsistent with the commitment of Vietnam or a foreign trader outside the country or territory participating in an international treaty of which Vietnam is a member, the establishment of the Office Representative offices must be approved by the Ministers).

    2. Operation duration of Branches

    The operation license of Branches of a foreign business is valid for 05 years and can be extended by the term of the previously issued license (but not exceeding the remaining term of the business registration certificate or equivalent documents of the foreign business entity in case that document has a deadline).

    C. SERVICES WE PROVIDE

    – Consulting, answering clients’ questions about the establishment of Branches/ Representative Offices of foreign traders in Vietnam;

    – Consulting, supporting clients to draft and sign contracts to rent locations for setting up Branches/Representative Offices;

    – Drafting all documents and dossier related to the establishment of a Branches/Representative Offices;

    – Representing for clients to carry out all procedures for setting up Branch/Representative Office at Competent Authority until clients receive license.

    – Performing seal carving procedure, register seal sample for the Branches/Representative Offices;

    – Time to process permit application: Approximately 10 – 20 working days

    In addition, we also provide consulting services related legal issues during the operation of the Branches/Representative Office at the request of the Clients.

    Clients wishing to consult and use the service, please contact Hotline 090.323.6646 (Lawyer Nguyen Thu Hang) – 0366.993.293 (Ms. Tam) for assistance.