Establishing and closing representative office in Vietnam

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Establishing and closing representative office in Vietnam

Foreign investor: Dear Sirs

I am writing on behalf of a Hongkong registered company.

I understand from your webpage that you specialise in services for establishing and closing representative office in Vietnam.

We have 2 Representative offices in Vietnam (Hanoi and Hochiminh City) and we intend to close one of them (Hanoi office) due to economic reasons.

We need advice and assistance on following aspects:

– compensation payable to employees. We have 4 employees including the Chief Representative and all of them are Vietnamese national

– paperwork and liason with authorities in Vietnam for closure.

Please let me know if you would be interested in taking up the assignment and your terms.

Lawyer: We understand that you act on behalf of a company registered in Hongkong, (hereinafter referred to as “Client”).

Client is now seeking legal advices for closing Representative Office in Vietnam (hereinafter referred to as “R.O”).

We therefore are grateful to present you our Legal Services Proposal for your review and consideration

  1. Our scope of work

Drafting application documents required for submission purpose in English Obtaining preliminary comments from the licensing authority on the draft Finalizing the application documents following comments from the licensing Translating the final version of the application documents into Vietnamese for Monitoring and following up with the relevant authorities on the approval process;

a. Preparing the application dossier: We shall collect necessary information and documents from you. Upon receipt of necessary information and documents from you, we shall translate documents from English into Vietnamese and prepare the application dossier under the standard forms. The initial drafted application dossier shall be sent to you for your comments. Then, after updating the application dossier based on your comments, we shall obtain the preliminary comments from the competent authority and send the finalized application dossiers for you to sign and seal. We anticipate that this phase shall be completed within from 3 working days.

b. Submission of application dossier: Within 02 working days from receipt of duly signed and sealed application dossier, we shall submit the Notice of plan on closing R.O to the Vietnamese authority

c. Termination of labor contract, finalization of personal income tax and termination of office lease contract: We shall assign our associate and experts to conduct research all existed documents regarding to matters incurred during operation of R.O including labor, tax, social insurance and office lease etc. Generally, it shall take us about 02 working days to complete documents review. SBLaw shall immediately advise Client if we need more time to fulfill the task. Upon completion of document review, SB Law shall provide Client a Report detailing current status of Client and our recommendation for approaching each issue. Then, SBLaw shall assist Client to terminate labor contract with employee, settling legal matters regarding to personal income tax, social insurance and office lease contract in accordance with plan as approved by Client. Generally, it shall take us about 1-3 months to complete this work.

d. Submission of official report on closing R.O to the Department of Industry and Trade. After completion of work items as described in the Item c, we shall submit The Deliverables will include documents prepared in English. Vietnamese Version shall be provided if the document is required for submission to licensing bodies. Client will review,

2. The Price for performing the SBLaw services as mentioned in above Item will be as follows:

– Preparation and submission of Notice of plan on closing R.O and Official Report on closing R.O to Department of Industry and Trade of Hanoi shall be: 1,500USD

– If you request us to support for finalizing tax obligations with the tax agency, we shall further charge for reviewing accounting documents regarding to operation of R.O: 320USD (Three hundred and twenty US Dollar) for each of month from commencing

– Finalizing Personal Income Tax, termination of labor contract and termination of office lease agreement: We shall advise upon completion of our documents review.Request for legal service quotation