The Vietnam Company has intention to open a representative office (hereinafter referred to as the “RO”) in China, we would like to provide some information as follows:
Pursuant to Decree No. 48/1999/ND-CP of July 8, 1999 prescribing domestic and overseas representative offices and branches of Vietnamese traders and tourist enterprises, traders being enterprises of all economic sectors, established according to law and wishing to set up their domestic and/or overseas representative offices and branches may establish them according to provisions of law.
Each trader may set up one or several domestic and/or overseas representative offices and/or branches. The head of a representative office may concurrently act as head of another representative office, while a branch’s head shall not be allowed to concurrently act as the head of another branch or a representative office.
Representative offices are traders’ dependent units set up at home or abroad for commercial or tourist promotion, but not allowed to conduct commercial or tourist business activities directly yielding profits.
SERVICES TO BE PROVIDED BY S&B LAW
1. Licensing Procedures
S&B LAW is ready to provide for legal consultation service to Client for the purpose of establishing a representative office of Client in China via two phases:
1.1 Phase 1: Licensing Procedure in Vietnam
– Providing advices on all legal aspects relating to procedures of obtaining Certificate of registration of the establishment of overseas representative office from competent authority;
– Preparing Application Dossiers (in both Vietnamese and English) for obtaining Certificate of registration of the establishment of overseas representative office;
– Representing Client to submit the Application Dossiers for obtaining Certificate of registration of the establishment of overseas representative office;
– Working with provincial competence authority (Department of Industry and Trade) on behalf of Client to obtain the best support on reviewing and considering the application and providing explanation and/or supplementation of application dossiers per request;
– Updating information of the approving process to Client;
– Receiving the Certificate of registration of the establishment of overseas representative office from provincial competent authority and hand it over to Client.
1.2 Phase 1: Licensing Procedure in China
– Providing advices on all legal aspects relating to procedures of obtaining License for establishment of representative office from competent authority;
– Preparing Application Dossiers (in both Chinese and English) for obtaining License for establishment of representative office;
– Representing Client to submit the Application Dossiers for obtaining License for establishment of representative office;
– Working with competence authority on behalf of Client to obtain the best support on reviewing and considering the application and providing explanation and/or supplementation of application dossiers per request;
– Updating information of the approving process to Client;
– Receiving the License for establishment of representative office from competent authority and hand it over to Client.
OUR TIMING
For the consultancy services provided in Item 1.1 above
– Within 01 (one) working day from singing legal service contract between two parties, S&B Law shall deliver to Client checklist of information and necessary documents;
– Within 03 (three) working days from full receipt of information and necessary documents delivered by your Company, S&B Law shall deliver Client application dossiers for reviewing and proceeding;
– Within 01 (one) working day from full receipt of signed document provided by Client, S&B Law shall submit application dossiers to provincial competent authority;
– Within 15 (fifteen) working days from submission of dossier to provincial competent authority, S&B Law shall obtain Certificate of registration of the establishment of overseas representative office.
For the consultancy services provided in Item 1.2 above
– Within 01 (one) working day from receipt of Certificate of registration of the establishment of overseas representative office from provincial competent authority of Vietnam, S&B Law shall deliver to Client checklist of information and necessary documents for establishment of Representative Office in Guangzhou;
– Within 03 (three) working days from full receipt of information and necessary documents delivered by your Company, S&B Law shall deliver Client application dossiers for reviewing and proceeding;
– Within 01 (one) working day from full receipt of signed document provided by Client, S&B Law shall submit application dossiers to provincial competent authority of Guangzhou;
– Within 10 (ten) working days from submission of dossier to provincial competent authority, S&B Law shall obtain Representative Office Establishment Certificate from provincial competent authority of Guangzhou and hand over to Client.
