09 Jul HEADQUARTER LOCATIONS OF A COMPANY OR REP OFFICE IN VIETNAM – 09 KEY THINGS YOU SHALL KEEP IN MIND(Last Updated On: August 30, 2021)
Headquarter locations of a company or a representative office is a place where a company is legally allowed to use for the application for the license and its operating activities. In establishing a company in Vietnam, there are 09 important things you should keep in mind:
1. A standard required papers for Head address are copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the RO office. Copies of documents on the expected location of the office in accordance with related laws.
2. Subject to its actual requirements, a company is entitled to choose a business location for its headquarter locations of a company, branch, representative office, showroom – shop, factory…
3. Enterprise registration restrictions may apply to certain places which should be avoided such as non-commercial buildings, buildings or factories without completed land-related paperwork, places whose lessors are not licensed to do property business or locations where certain business lines are not permitted to be conducted.
4. Foreign Representative offices and FDI companies shall be headquartered at locations that satisfies requirements for security, occupational hygiene and safety and others stipulated in laws of Vietnam. A lawful dossiers of land and house using certificate of the landlord are required.
5. There are options between a virtual office for lawful address and physical office for actual daily working places.
6. Some locations may enjoy corporate income tax incentives such as four-year tax exemption and 9-to-15-year tax reduction.
7. To set up company in Vietnam, the founder must properly review legal matters under consultation before signing a contract, making a deposit or even spending on decoration an office and then, cannot register his business.
8. Regarding preparation and signing of the renting contracts, the special attention should be paid to the terms of payment and deposit rights and obligations of the parties – circumstances arising in order to prevent the risks from the lessors during the contract duration.
9. The founder of the enterprise may sign the rent contracts, serving the establishment and operation of the enterprise before and during the process of business registration.
If the enterprise establishment is permitted, the enterprise shall keep performing the duties and rights under the concluded contracts, unless otherwise agreed by the parties.
Experienced in local business laws and regulations since 2006, VIVA is always ready with solutions and resources that help our clients in reviewing and managing rental contracts and procedures of establishing a company or representative office in Vietnam. We help the founders to verify any potential risks and prevent its happen in advance. Please contact with our expertises should you have any query or questions.
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