Procedure for foreign representative office establishment license in Vietnam

  
Industry and Trade Department

I. Information

II. Procedure

- Step 1: submit the dossier directly, via post office or online at Thua Thien Hue Public Administrative Services Center.

- Step 2: Division in charge - Industry and Trade Department:

+ Within 03 working days since the dossier is submitted, the division in charge checks and makes request once only for supplementary documents if the dossier is inadequate or invalid.

+ Except for cases regulated at Clause 4 Article 11 of Decree 07/2016/ND-CP, Industry and Trade Department makes decision to grant the representative office establishment license within 07 working days since the dossier is adequately submitted. If not, a written refusal should be made.

+ In case the scope of operation of the representative office is inconsistent with Vietnam’s Commitment or the foreign trader is not residing in the countries or territories joining in treaties to which Vietnam is a member, the representative office can only be established if relevant Ministers, Heads of ministerial agencies give approval. If the representative office establishment is not regulated in relevant legal documents, Industry and Trade Department sends a document to ask for Ministry of Industry and Commerce within 03 working days since adequate dossier is submitted.

Within 05 working days since Industry and Commerce Ministry received the document from Industry and Trade Department, the Ministry files a written document regarding to agreement or disagreement.

Within 05 working days since Industry and Trade Department received the reply from Industry and Commerce Ministry, Industry and Trade Department makes decision on granting establishment license. If not, a detail refusal should be made.

- Step 3: Receive results at Thua Thien Hue Public Administrative Services Center.

Method of implementation:

+ Organization/individual directly submits the dossier at division of receiving dossiers, Thua Thien Hue Public Administrative Services Center;

+ Post office;

+ Online via Public Administrative Services Portals.

III. Dossier:

Name of the dossier

- An application form for representative office Establishment license (form MD-1, original version)

- Copy of the certificate of business registration or equivalent documents of the foreign trader (copy);

- A letter of appointment of the head of the representative office (original version);

- Copy of audited financial statements of certificate of the 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 in most recent fiscal year (copy);

- Copy of passport or ID card (for Vietnamese) of copy of passport (for foreigner) of the head of the representative office (certified copy);

- Document on the expected location of the representative office (original version):

+ Copy of the memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office (copy);

+ Copy of documents on the expected location of the representative office in accordance with provisions of Vietnamese law on security, order, labor safety, hygiene and others (original version).

Documents regulated on point b, point c, point d and point d (in case the head of the representative office is foreigner) mentioned above must be translated into Vietnamese and certified as regulated in Vietnam. Documents regulated on point b should be certified or legalized by diplomatic agency or Vietnamese Consulate General oversea (original version).

Number of dossier: 01

Dossier

IV. Requirements:

- The foreign trader is incorporated and registers for doing business in accordance with laws of countries or territories joining in international treaties to which Vietnam is a member or is recognized by countries or territories;

+ The foreign trader operates at least 01 year since establishment or registration;

+ The certificate of business registration or equivalent documents is valid for at least 01 more year since the dossier is submitted;

+ The scope of operation of the representative office is consistent with Vietnam’s commitments in international treaties to which Vietnam is a member;

+ In case the scope of operation of the representative office is inconsistent with Vietnam’s Commitment or the foreign trader is not residing in the countries or territories joining in treaties to which Vietnam is a member, the representative office can only be established if relevant Ministers, Heads of ministerial agencies give approval (hereinafter referred to as (“relevant Ministers”)

V. Legal evidences

Legal document

Circular No. 11/2016/TT-BCT of Finance Ministry dated July 5, 2016

Circular No. 143/2016/TT-BTC of Department of Finance dated September 26, 2016

Decree No. 07/2016/ND-CP of the Government dated January 25th, 2016

Decision No. 1760/QD-UBND of the People’s Committee of Thua Thien Hue province dated July 20, 2020 regarding to the decision on standard administrative procedure within the competence of Thua Thien Hue Department of Industry and Commerce.

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