In the broadcast business and law on the Voice of Vietnam (VOV), Lawyer Nguyen Thanh Ha, from the S&B law firm (S&B Law) will answer audiences for opening Representative office of a foreign business entity in Vietnam. We are pleased to send you the content of the interview:
Audience: My company is in the Netherlands, by a person owns. The company wants to establish a representative office (RO) in Vietnam. Please let me know the condition to establish office and procedures?
Lawyer Nguyen Thanh Ha:
Legal basis: Decree 72/2006/ND-CP dated 25/07/2006 and amended Decree 120/2011/ND-CP dated 16/12/2011 of the Government on the instruction of the Commercial Law about representative office, branches of foreign traders in Vietnam (“RO”).
Conditions of Establishment: Countries and territories (hereinafter referred to as country) which traders have established its business registration or legally recognized; been operating for less than 01 years from inception or register legitimate business in its country.
Dossier established representative office license include:
An application for a license to establish a representative office (RO) form;
A copy of the business registration certificate or papers of equivalent value of foreign traders were legalized under the provisions of the law of Vietnam;
The financial statements audited or other material of equivalent value demonstrated the existence and operation of foreign traders in the most recent fiscal year;
A copy of the charter activities of traders for foreign traders are economic organizations;
Copies of identity card (if the Vietnamese), copy of passport (for foreigners) of the head of the representative office;
A copy of the lease sites located Representative Office.
(Note: The document issued by the competent foreign or confirmation of permit applications established Representative Office will not be legalized consul in accordance with the laws of Vietnam and translation into Vietnamese, translations, copies must be legally certified accordance with the law of Vietnam).
Procedure: You will apply for a license to set up representative offices to Province Department of Industry and Trade, the city where the office is located. As stipulated by law, within 15 working days from the date of acceptance of valid dossiers, the Department of Industry and Trade and complete the evaluation of the foreign business representative office establishment license. Within 45 days from the date of grant of license, the RO shall publish written or electronic notice to be issued in Vietnam in 03 consecutive issues, officially operate and must notify the Department of Industry and Trade opening activities at the registered office.
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