FOREIGN INVESTMENT

Establish Representative office of a foreign trader in Viet Nam

Providing advice and support to foreign businesses in establishing representative offices, and managing compliance for all operations of the representative office in Vietnam.

"Are you looking for a consulting partner?" invest into Vietnam?

Should you hire a cheap service to "obtain permits" or entrust a professional to "enter the market"? Any inadequate preparation now will turn into the most expensive cost your business will have to pay.

EXPERTIS

International standards,
Local knowledge.

We not only advise on investment procedures for foreign investors in Vietnam but also create the operational structure for a foreign-invested presence in Vietnam, helping you find where to start and how to achieve success in Vietnam.

OFFICE OF REPRESENTATIVES OF FOREIGN BUSINESSES

Experts can How can I help you?

With over 22 years of experience advising foreign investors in Vietnam, we help you not only enter the market but also build a solid foundation for yourself right from the start.

Building the foundation

We advise on selecting the business model and ownership structure that best suits your investment needs and compliance requirements.

Operating structure

Design a business plan that accurately reflects the nature of the business you intend to conduct in Vietnam right from the start.

Register an office

Expedite and accurately implement licensing procedures for foreign business representative offices in Vietnam.

Establishing a foreign representative office in Vietnam.

Service Package & implementation roadmap

A solid foundation for sustainable prosperity in the Vietnamese market. Choosing the optimal model to protect assets and maximize growth potential.

Consulting on the feasibility of establishing a foreign representative office in Vietnam.

We will provide you with detailed advice on the conditions under which foreign businesses are legally permitted to establish representative offices in Vietnam.

Conditions for establishing a representative office of a foreign trader in Vietnam.

The basic requirements for a foreign trader to be granted a license to establish a representative office are as follows:

Foreign traders are established and registered in accordance with the laws of the countries and territories that are parties to international treaties to which Vietnam is a member, or are recognized by the laws of these countries and territories;
Foreign traders must have been operating for at least one year since their establishment or registration date;
In cases where the business registration certificate or equivalent document of a foreign trader specifies an operating period, that period must have at least one year remaining from the date of application submission;
The activities of the representative office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a signatory.

Consulting services for the application process for establishing a foreign representative office in Vietnam.

Providing advice and support in preparing the application dossier for establishing a foreign representative office in Vietnam.

Application for a license to operate a representative office of a foreign trader in Vietnam.

1. Consulting and assisting in preparing the application dossier for establishing a foreign representative office in Vietnam, including:

a) An application for a license to establish a representative office, using the form provided by the Ministry of Industry and Trade, signed by the authorized representative of the foreign business entity;

b) A copy of the business registration certificate or equivalent document of the foreign trader;

c) Document from the foreign trader appointing/designating the head of the representative office;

d) A copy of the audited financial statements or a document confirming the fulfillment of tax or financial obligations in the most recent fiscal year, or equivalent documents issued or certified by the competent authority or organization where the foreign trader is established, proving the existence and operation of the foreign trader in the most recent fiscal year;

e) A copy of the passport or identity card or citizen identification card (if Vietnamese) or a copy of the passport (if foreign) of the head of the Representative Office;

f) Documents regarding the proposed location of the Representative Office include:

– A copy of the memorandum of understanding or lease agreement for the premises, or a copy of the document proving that the business entity has the right to exploit and use the premises to establish its representative office;

– Copies of documents regarding the proposed location of the Representative Office must meet the following requirements: Vietnamese law on security, order, occupational safety and hygiene, and other conditions as prescribed by law.

2. Application consultation and document completion, including:

The documents specified in Points b, c, d, and e (for cases where the passport copy of the head of the representative office is a foreigner) mentioned above must be translated into Vietnamese and certified in accordance with Vietnamese law. The documents specified in Point b, Clause 1 above must be certified or legalized by a Vietnamese diplomatic mission or consular office abroad in accordance with Vietnamese law.

Providing advice and support on procedures after obtaining a license to operate a representative office in Vietnam.

Ready to operate. Smooth and compliant.

Do you still feel uneasy?

Please let us know about any concerns you may have.

We are always here to support you and help you overcome any obstacles to ensure your investment and business success in Vietnam!

Establishing a foreign representative office in Vietnam.

Top Q&A Regarding the establishment of a representative office.

Find answers to frequently asked questions about establishing a foreign representative office in Vietnam.

Who is eligible to be the head of a foreign company's representative office in Vietnam?

The head of the representative office is appointed as follows:

This could involve individuals with Vietnamese or foreign citizenship who have signed employment contracts with the representative office.
The head of a representative office of a foreign trader is not allowed to hold the following positions concurrently:
- The head of a branch of the same foreign trader;
- The head of a branch of another foreign trader;
- The legal representative of that foreign trader or another foreign trader;
- The legal representative of an economic organization established in accordance with Vietnamese law.

Based on the aforementioned legal provisions, an individual who is currently the head of a branch of the same foreign trader, a branch of another foreign trader; the legal representative of that foreign trader or another foreign trader, or of an economic organization established under Vietnamese law, is not permitted to be the head of a representative office of a foreign trader in Vietnam.

Can a representative office of a foreign company in Vietnam sign economic contracts?

The activities of a representative office include market research and trade promotion in Vietnam. Therefore, a representative office of a foreign company in Vietnam is not permitted to sign or execute economic contracts.

The business transactions facilitated by the representative office must be carried out by the parent company or other legal entity.

Can a representative office of a foreign company collect payments from customers to the foreign company?

The representative office's activities include market research and trade promotion in Vietnam.

Therefore, the representative office of a foreign company in Vietnam is not allowed to collect payments from customers to the foreign company.

What records does a representative office need to keep at the office during its operation?

During its operation, the Representative Office needs to keep the following documents:

Operating license; Seal, Certificate of seal design;
Notification of the tax identification number of the Representative Office;
Documents and records related to the salaries of the Head of Office and office staff;
Records related to social insurance participation and personal income tax payments;
The documents relate to the representative office's activities during the year.

What is a representative office activity report?

Representative offices of foreign companies in Vietnam must comply with reporting requirements, including:

Before January 30th of each year, the Representative Office is responsible for submitting a report, using the form provided by the Ministry of Industry and Trade, on its activities during the previous year by mail to the Licensing Authority (Department of Industry and Trade of the province or centrally-administered city).
Representative offices are obligated to report, provide documentation, or explain matters related to their operations as requested by competent state management agencies.

Foreign representative offices in Vietnam

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