Establishment of a foreign representative office in Vietnam, conditions for licensing representative offices of foreign companies in Vietnam, dossiers on licensing of representative offices of foreign companies, time limits for office licenses Representatives of foreign companies, Procedures of applying for licenses of representative offices of foreign companies in Vietnam.

Functions of representative offices of foreign companies in Vietnam: Representative offices shall perform the function of liaising offices, inquiring into the market, promoting investment opportunities of traders they represent. , excluding the service sector where the establishment of representative offices in such areas is stipulated in the specialized legal documents.

I. The conditions for licensing representative offices of foreign traders in Vietnam, also referred to as conditions for granting permits to representative offices of foreign companies in Vietnam.

Foreign business entities shall be granted representative office establishment licenses when they meet the following conditions:

Foreign business entities established and registered under the provisions of national laws and / or territories, which are parties to international treaties of which Vietnam is a member or recognized by the laws of these countries or territories. The
Foreign traders have been operating for at least 01 year from the date of establishment or registration;

In cases where the business registration certificate or paper of equivalent value of the foreign trader specifies the duration of operation, such period must be at least 01 year from the date of submission of the dossier;

The operation contents of representative offices must comply with Vietnam's commitments in treaties to which Vietnam is a contracting party;

In cases where the operation contents of a representative office are incompatible with Vietnam's commitments or foreign traders not belonging to countries or territories participating in treaties to which Vietnam is a contracting party, the representative office must be approved by the ministers or the heads of the ministerial-level specialized management agencies (hereinafter collectively referred to as the specialized management ministers).

The right to set up representative offices of foreign companies in Vietnam:

Foreign traders may set up their representative offices according to Vietnam's commitments in treaties to which Vietnam is a contracting party.

A foreign business entity must not establish more than one representative office with the same name within a province or city under central authority.

II./ Dossiers of licensing of representative offices of foreign companies in Vietnam, or procedures for applying for permits of representative offices of foreign companies in Vietnam

The composition of the dossier for the establishment of a representative office of a foreign company in Vietnam comprises:

1. File of 01 set includes:

a / An application for a representative office establishment permit, made according to the form set by the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;

b / A copy of the business registration certificate or equivalent paper of the foreign trader;

c / The foreign trader's document appointing / appointing the head of the representative office;

d / A copy of the audited financial statement or written certification of the fulfillment of tax or financial obligations in the latest fiscal year or papers of equivalent value, made by competent agencies or organizations Foreign traders establishing or granting certification or verification of the existence and operation of foreign traders in the latest fiscal year;

e / Copy of the passport or identity card or citizen identification card (for Vietnamese) or a copy of the passport (if being a foreigner) of the head of the representative office;

e) Documents on the location of the office of the representative office are expected to include:

A copy of the memorandum or site lease agreement or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;

A copy of the document on the location of the proposed representative office in accordance with the provisions of Article 28 of this Decree and relevant provisions of law.

2. Documents specified at Point b, Point c, Point d and Point e (for copies of passports of heads of representative offices being foreigners). Clause 1 of this Article must be translated into Vietnamese and to certify according to the provisions of Vietnamese law.

The documents specified at Point b, Clause 1 of this Article must be certified or consularly legalized by the Vietnamese diplomatic missions or consulates in foreign countries according to the provisions of Vietnamese law.

III. Competence to license representative offices of foreign companies in Vietnam

1. The Industry and Trade Department of the provinces and centrally-run cities where traders plan to locate their representative offices outside industrial parks, export processing zones, economic zones or hi-tech parks shall grant or re-grant , adjusting, extending and withdrawing the representative office establishment permit and terminating the operation of the representative office in cases where the establishment of representative offices is not yet provided for in specialized legal documents.

2. The Management Board of industrial parks, export processing zones, economic zones and technology parks;

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