In the scope of this post, Minh Khue Law Firm provides to Honoured Guests informations about Procedures for establishment of Vietnam - based representative offices of foreign traders, as follows:
1. Order of implementation:
Step 1 – Foreign traders complete the dossiers and submit at The Reception and Release results and get a dossier receipt as regulated in Hanoi Department of Industry & Trade – Address: No.331 Cau Giay Street, Dich Vong Ward, Cau Giay District, Hanoi.
Step 2 –The Reception and Release results hands over the dossiers to the Trade Management Division for examination. If the dossiers are sufficient and valid, the Trade Management Division shall make a request and a draft permit sending to the Department’s leaders for approval, and notify relevant departments in writing;
Step 3 – If the dossiers is incomplete or incorrect, a notice shall be made and sent to the trader through the Section for The Reception and Release results for submission of supplementary dossiers. When it is fully supplemented, the dossiers will be settled as Step 2;
Step 4 – Record, keep archives and pass the result to The Reception and Returning results for delivering to the Traders.
2. Method of implementation:
The dossiers must be submitted directly to the Section for The Reception and Release results of Hanoi Department of Industry and Trade.
3. Composition & number of dossiers:
- Composition of dossiers:
+ An application for Representative office establishment permit, made according to a form set by the Ministry of Industry & Trade and signed by the foreign trader’s competent representative;
+ Copies of the foreign trader’s business registration or papers of equivalent value certified by the competent authority of the locality where the foreign trader has been established (The papers mentioned at this Point must be translated into Vietnamese and certified and consularly legalized by Vietnam’s foreign-based diplomatic missions or consular offices according to the provisions of Vietnamese law).
In case an operation duration for the foreign trader is specified in such business registration or papers of equivalent value, such operation duration must remain valid for at least one year;
+ An audited financial statement or other documents of equivalent value proving the actual existence and operation of the foreign trader in the latest fiscal year (The papers mentioned at this Point must be translated into Vietnamese and certified and consularly legalized by Vietnam’s foreign-based diplomatic missions or consular offices according to the provisions of Vietnamese law);
+ A Certified copy of passport, visa (for foreigner) or passport or identity card (for Vietnamese) of the head of the representative;
+ A copy of rental contract for new location of the headquaters of representative office in Vietnam
+ A certified copy of the foreign trader’s operation charter, for those being economic organizations.
- Number of dossiers: 01 original
4. Time limit: Within 15 days after receiving complete and valid dossiers, Department of Industry & Trade shall complete the dossier examination and grant to foreign traders the representative office establishment permits and send copies of such permits to the Ministry of Industry & Trade, provincial/municipal People’s Committees (hereinafter referred to collectively as provincial-level People’s Committees), tax offices, statistical offices, and police departments of the provinces where such representative offices are to be located.
For invalid dossiers, the permit-granting agencies shall, within three (03) working days after receiving such dossiers, notify such in writing to foreign traders so that the latter can supplement and complete the dossiers.
5. Authority of administrative procedures:
The competent authorities decide & The direct implementation of administrative procedures: Department of Industry & Trade
>> See also: Law on enterprise income tax
6. Results: Permit for establishment of Representative office.
7. Fee: 3.000.000 (three million) VND/ a permit.
8. Requirements and conditions of administrative procedure:
- Being a trader recognized by the law of the country or the territory (hereinafter referred to collectively as the country) where it has been lawfully established or made its business registration;
- Having been operating for at least one year after its lawful establishment or business registration in its country;
- Papers, granted or certified by competent foreign bodies, in dossiers of representative offices or branches under the provisions of Decree No. 72/2006/ND-CP and the guidance in Circular No. 11/2006/TT-BTM must be legalized by consular offices according to the provisions of Vietnamese law and translated into Vietnamese; the translations and their copies must be notarized according to the provisions of Vietnamese law.
- Copies of papers, granted or certified by competent Vietnamese bodies, in dossiers of representative offices and branches under the provisions of Decree No. 72/2006/ND-CP and the guidance in the Circular No. 11/2006/TT-BTM must be notarized according to the provisions of Vietnamese law.
9. Legal Basis:
- The Commercial Law 2005;
- The Decree No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the commercial law regarding Vietnam-based representative offices and branches of foreign traders;
>> See also: Tightening customs procedures for the non-commercial goods
- The Circular No.11/2006/TT-BTM dated September 28, 2006 of the Ministry of Trade guiding the implementation of the Government’s Decree No. 72/2006/ND-CP dated July 25, 2006, which details the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders;
- The Decree No.120/2011/ND-CP of dated December 16, 2011 of the Government regulating amendment and supplementation of administrative procedures provided in a number of Government’s Decrees detailing the Commercial Law.
- The Circular No.133/2012/TT-BTC dated August 13, 2012 of the Ministry of Finance on the collection, remittance and management of fees for licensing representative offices of foreign traders in Vietnam;
- The Decree No. 29/2008/ND-CP dated March 14, 2008 of the Government providing for industrial parks, export processing zones and economic zones.
If Honoured guest has demand to use our services, please contact us directly:
MINH KHUE COMPANY LIMITED
Service Telephone: 0243.9916057 Switchboard: 1900.6162
Please send mail consultant or require our services through Email: [email protected]
We would appreciate very much your cooperation with us!
LEGAL CONSULTANCY DEPARTMENT
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