Tiếng Việt
Legal Guide Of Establishing Representative Office in Vietnam
Mục lục
1. What is Representative Office?
The 2005 Commercial Law defines the representative office of foreign traders in Vietnam as a dependent unit of foreign traders, established under the provisions of Vietnamese law to understand the market and implement a number of trade promotion activities permitted by Vietnamese law.
2. Why should you choose Vietnam for economic investment?
There are many reasons why you should choose to invest in Vietnam. Location, easier regulations, and stable growth are among them.
- A low level of capital stock, so every dollar of investment yields big jumps in productivity
- Attractive demographics fuels consumption
- A talented, well-educated, ambitious population
- Low wages for a decisive competitive advantage
- Opportunities for market reforms to unlock blocked potential
- Low valuations and rising foreign investment drive its industry and stock market forward
- The country has always been welcoming to foreign investors. The government even offers a few incentives to those who invest in Vietnam in certain geographical areas.
3. Works that the representative office does not perform in Vietnam
The 2005 Commercial Law stipulates that traders’ representative offices must not carry out the following activities:
- To sign contracts, amend and supplement contracts already signed by foreign traders;
- Promotions or hiring other traders to conduct promotions in Vietnam for traders and representative offices;
- Directly conducting commercial advertising activities;
- Directly displaying and introducing goods and services of traders that the representative office has. Except for the display and introduction of goods at the office’s office;
- Directly organizing, participating in trade fairs and exhibitions;
Cases 1, 3, 4 and 5, if the representative office is authorized by the trader, may sign a contract with other traders providing the corresponding services to carry out the work. Particularly for case 1, the authorized person must be the head of the representative office.
Read more: Establishing a FDI company in Viet Nam
4. Conditions for foreign companies to establish representative offices in Vietnam
Based on the provisions of Decree No. 07/2016 / ND-CP, foreign companies need to meet the following conditions for establishing representative offices in Vietnam:
- Be established and registered in accordance with the laws of the country where the company has nationality;
- The company has operated in a foreign country for at least 01 year from the date of its establishment or registration;
- In case the enterprise registration certificate or equivalent document of the foreign company stipulates the duration of operation, this period must be at least 01 year from the date of filing the dossier in Vietnam;
- The content of operations of the foreign company’s representative office in Vietnam is consistent with Vietnam’s commitments in international treaties to which Vietnam is a member.
Read more: Procedures for establishment of Joint Stock Company
5. The process of establishing a representative office of a foreign company in Vietnam:
- It is stipulated in Decree No. 07/2016 / ND-CP whereby foreign companies submit dossiers to the Department of Industry and Trade of Hanoi City. Applications can be submitted in person or by mail to the Department. Within 03 working days from the date of receiving the dossier, the Department is responsible for checking and requesting additional if the dossier is incomplete and valid. During the process of handling, the request for additional records is made up to 01 time.
- Within 07 working days from the date of receiving a complete and valid file, the Department decides to grant the License to establish representative office for foreign companies. In case of refusal to grant, there must be a written reply clearly stating the reason.
6. Our service of establishing LNP LAW Vietnam Representative Office includes:
- Advise customers on legal issues related to before and after the work is done;
- Assist customers in preparing records and documents for carrying out procedures;
- Follow up, amend records at the request of the competent authorities;
- Return results to customers and advise on supporting legal issues after establishment;
- Regular legal advice …
Why should you use the service of LNP LAW?
- As a company specializing in the legal field of business, intellectual property, business, foreign investment, we are proud to be one of the leading legal service providers in Vietnam.
- With an experienced professional team, we believe that we will satisfy you by the quality f our services.
- Through rigorous and rigorous selection stages, each of our legal consultants are supporters of hundreds of businesses across the country, meeting their professional knowledge. like real experience.
- We support customers in Vietnam Package procedures;
- LNP LAW assists customers to open branches / companies in foreign countries related legal issues such as: legal representative; Tax and Accounting; Head office location and office location … (in case the customer does not have these issues are eligible)
- Support customer after establishment with accounting procedures – tax;
- Service fee incentives for customers establishing overseas economic organizations for the Services: International trademark registration; Building a brand identity; Drafting / Consulting types of Commercial Contracts and other Legal Services related to Commercial Business.