PROCEDURES FOR ESTABLISHING REPRESENTATIVE OFFICES
Legal basis for the establishment of a representative office in another province
1. Law on Enterprises of the National Assembly of the Socialist Republic of Vietnam No. 60/2005 / QH11 dated 29/11/2005;
2. Decree No. 43/2010 / ND-CP dated 15/4/2010 of the Government on business registration;
3. Decree No. 102/2010 / ND-CP dated 01/10/2010 of the Government detailing the implementation of some articles of the Enterprise Law;
4. Decree No. 05/2013 / ND-CP dated 09/01/2013 of the Government on amending and supplementing some articles on administrative procedures of Decree No. 43/2010 / ND-CP dated 15 April 2010 of the Government on business registration;
5. Circular No. 01/2013 / TT-BKHDT dated January 21, 2013 of the Ministry of Planning and Investment guiding the enterprise registration;
6. Circular No. 176/2012 / TT-BTC dated 23 October 2012 of the Ministry of Finance regulating the rates, the regime of collection, remittance, management and use of fees for enterprise registration and business household registration and fee for providing business information;
LAW FIRMS\
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Procedures for setting up branches in other provinces
– Notification of the establishment of a representative office (signed by the representative at law)
– Board member’s decision on establishment of representative office (signed by Chairman / Chairwoman)
– A copy of the meeting minutes for the establishment of a representative office (with the signature of the chairperson, members / shareholders attending the meeting and the secretary).
– The decision on the appointment of the head of the representative office (the head of the representative office may be the legal representative of the company or other individuals appointed by the legal representative).
– Valid copy of ID card / Passport of head of representative office (for Vietnamese individuals)
– A valid copy of the temporary residence permit granted by a competent Vietnamese agency, a work permit and a passport (for foreigners);
Some note when setting up a representative office
+ How to register business: Representative offices are only registered as: Transaction and marketing.
+ How to write address of representative office when established:
– Pursuant to Article 35 of the Law on Enterprises: The head office of the enterprise is the place of communication and transaction of the enterprise; must be in the territory of Vietnam, with a determined address, including the house number, street name or street name of the commune, ward, township, district, town or city of the province, province or city centrally; telephone number, fax number and email address (if any).
– If the address of the enterprise intends to locate the branch office is not available, the enterprise shall contact the People’s Committee of the district in order to be granted the house number before registering the enterprise. Business registration offices shall not consider and resolve cases where their addresses are incomplete according to the provisions of Article 35 of the Enterprise Law. + Guide on how to name the representative office: (Provided for in the Circular No. 01/2013 / TT-BKH dated January 21, 2013 of the Ministry of Planning and Investment guiding the registration of enterprises) – The name of the representative office must be written in letters of the Vietnamese alphabet, possibly with the letters F, J, Z, W, numbers and symbols, and pronounceable.
– The name of the representative office must bear the name of the enterprise together with the phrase “representative office” for the post
