Establishment of Import –Export Company or Representative Office in Vietnam, obtainment of work permit and temporary residence permit

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This is reference to our conservation from which, we understand you’re your company (hereinafter referred to as “Client”) is now seeking legal advices for establishment of Import –Export Company or Representative Office in Vietnam, obtainment of work permit and temporary residence permit.

We thereforeare grateful to present you our Legal Services Proposal for your review and consideration.

  1. BRACKGROUND OF THE CASE AND OUR PRELIMINARY COMMENTS

1.1.    According to your information, we understand that Client is the USA’s largest company producing and marketing chemicals to protect crops for use in industrial agriculture. Now Client is now planning to expand its business to South East Asia and Vietnam is selected as a hub for controlling the South East Asia Market.

We also noted that this is very first phase for you to know and understand the South East Asia Market. Furthermore, you prefer a simple option which allows you to save cost and speed up the relevant licensing steps. We therefore are of opinion that establishment of Representative Office shall be the best option due to that: (i) Establishment of Representative Office does not require Client to inject any capital into Vietnam; (ii) Licensing Process for establishment of Representative Office is rather simpler than establishment of a company; (iii) Representative Office is not allowed to conduct business activities and therefore it does not need to pay corporate income tax; (iv) Representative Office is suitable for 02 employees format.

After establishment of the Representative Office in Vietnam, you can obtain the work permit when you are registered as Chief of Representative Office. Then, you can obtain temporary resident permit which shall serve you as a multiple business visa in 01-02 years. You can also obtain temporary residence permit for your family after completion of temporary residence permit for you.

2.Scope of works

Following works are proposed based on the request of Client. However, depending on the specific position/situation of Client, several work items may not be necessary. Meanwhile, other works may be required. However, any additional works shall not fall under the scope of this Legal Service Proposal, but could be provided upon request.

SCOPE OF SERVICES
Preparation of the application documents:

  • Notifying application documents required in accordance with Vietnamese law;
  • Drafting application documents required for submission purpose in English language;
  • Liaising with you to discuss the draft application documents;
  •  Amending the application documents based on your comments;
  • Obtaining preliminary comments from the licensing authority on the draft application documents;
  • Finalizing the application documents following comments from the licensing authority; and
  • Translating the final version of the application documents into Vietnamese for execution.
Licensing procedures:

  • Submitting the application dossier to the licensing authority on your behalf;
  • Monitoring and following up with the relevant authorities on the approval process;
  • Keeping you updated on the developments and additional requirements, if any; and
  • Assisting you in obtaining License for establishment of R.O/Work Permit and Temporary Residence Permit.
Post-licensing procedures:

  • Placing an announcement on establishment of R.O on the newspaper;
  • Obtaining Tax Code Registration for R.O;
  • Obtaining Seal Sample and Certificate of Seal Sample Registration
  • Declaration on commencing operation of R.O

Roadmap for carrying out above scope of work can be described in details as follows:

2.1. Step 1: Setting Up Representative Office.

  1. 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 5 working days. The prepared documents shall then be sent to you for review, signing and seal.
  2. Submission of application dossier: Within 02 working days from receipt of duly signed and sealed application dossier, we shall submit the application dossier to the competent authority.
  3. Licensing Process: Within 15 working days from submission of application dossier to Licensing Agency, we shall obtain License for establishment of R.O for Client.
  4. Post licensing: Within 13 working days we shall complete the post licensing procedures such as publishing the establishment of R.O, obtaining Seal Sample, Certificate of Seal Sample Registration, Tax Code Registration for R.O and Report for commencing operation of R.O.

2.2. Step 2: Obtaining Work permit

  1. 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 02 working days. The prepared documents shall then be sent to you for review, signing and seal.
  2. Submission of application dossier: Within 02 working days from receipt of duly signed and sealed application dossier, we shall submit the application dossier to the competent authority.
  3. Licensing Process:

–         Within 05 working days from submission of application dossier to the Competent Authority, SB Law shall assist you to obtain judicial record in Vietnam. This step can be conducted during the process of preparation of documents.

–         Within 20 working days from submission of legitimate Application Dossiers to the Competence Authority, SB Law shall obtain the Official approving dispatch of the provincial People’s Committee.

–         Within 12 working days from the date of the sufficient submission, SB Law shall obtain the Certificate of Work Permit for Foreign Employee.

2.3. Step 3: Obtaining Temporary Residence Permit[1]

–     After obtainment of Work Permit, within 02 working days from the date that your Company provides fully documents at SB Law’s requests, SB Law will draft the Application Dossier of temporary residence card;

–            Within 07 working days from submission of legitimate Application Dossiers to the Competence Authority, SB Law shall obtain the Temporary Residence Card for Client;

3.       PROFESSIONAL FEE

3.1. The Price for performing the S&B Law services as mentioned in item 4 above will be as follows:

–         For obtaining License for Establishment of Representative Office: 1,800USD (One thousand eight hundred US Dollar);

–         For obtaining the Work Permit: 1,200USD (One thousand and two hundred US Dollar)/01 person;

–         For obtaining the Temporary Residence Permit: 350USD (Three hundred and fifty US Dollar)/01 person;

–         The above fee is exclusive of 10% VAT, cost for translating your documents from English into Vietnamese (10USD/150 words) and bank charge.

3.2. Services fee shall be paid to SBLaw as follows:

–               Within 03 working days from the date of signing the legal service contract, Client will pay for S&B Law an advance payment which equivalent to 60% of the total estimated services fee for Step 1.

–               Client willpay the remained fee and other cost and disbursement incurred on Client’s behalf for Step 1 within 05 working days from obtainment of License for Establishment of Representative Office.   

–               Within 01 working day from the date of starting Step 2, Client will pay for SBLaw an advance payment which equivalent to 60% of the total estimated services fee for Step 2.

–               Client willpay the remained fee and other cost and disbursement incurred on Client’s behalf for Step 2 within 05 working days from obtainment of Work Permit;

–               Within 01 working day from the date of starting Step 3, Client will pay for SBLaw an advance payment which equivalent to 60% of the total estimated services fee for Step 3.

–               Client willpay the remained fee and other cost and disbursement incurred on Client’s behalf for Step 3 within 05 working days from obtainment of Temporary Residence Permit.   

–               Client shall immediately notify SBLaw of when actual payment(s) will be made on the amount specified in the invoice(s). SBLaw will start working only upon receipt of payment of the respective invoice(s). Alternatively, SBLaw reserves the right to withdraw the service if payment is not received 10 days after the date of the invoice. Further, in the event payments are not received by the payable date, SBLaw reserves the right to suspend services and/or levy and collect a late payment fee of 0.5% per month up to the date of receipt of payment by SBLaw.