Procedure for establishment of a representative office of a foreign trader
01. Conditions for application
Requirements for establishment:
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; and
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;
02. Applicable laws
1. Decree No. 07/2016/NĐ-CP dated 25 January 2016
2. Circular No. 11/2016/TT-BCT dated 05 July 2016
03. Procedure
Step 1: Prepare a set of applications
1. A request for establishment of representative office;
2. A copy of Business Registration certificate or equivalent one of the foreign trader;
3. A copy of the document issued by the foreign trader to appoint a head of the representative office;
4. A copy of, the audited financial statement in the latest year, or document certifying the tax performance of the foreign trader in the latest year or equivalent one issued or certified by the competent state agency where the foreign trader is established. This copy is to prove the actual operation of the foreign trader in the latest year (together with a Vietnamese translation certified);
5. A copy of passport or id card if he/she is a Vietnamese, or a copy of passport if he/she is a foreigner of the head of the representative office;
6. Documents about the location that the representative office is to be located:
– A copy of a memorandum of understanding or lease of location or document proving the right to exploit, use the location for the representative office;
– A copy of the document about the expected location; and
7. The documents No. 2, 3, 4 and 5, as shown above, must be translated into Vietnamese and certified under Vietnamese laws. The copy of Business Registration certificate or an equivalent one of the foreign trader must be authenticated by Vietnamese diplomatic missions and consular offices abroad, or be legalized under laws of Vietnam.
Step 2: Submit necessary documents to one of the following authority
1. The provincial Department of Trading and Industry (“DPI“) where the office is expected to be located; or
2. The management board of the industrial park, the processing zone or the high-tech zone (“Management Board“) where the office is expected to be located (if the office is expected to be located within these areas)
Step 3: Receive result
Within 7 working days, the DPI or the Management Board will examine the applications, request for supplementation (if any), and grant the License of the establishment of the office.