Vietnam-based representative office of a foreign investor means a dependent unit, a lawful office in Vietnam, allowed to recruit staff to manage and promote sale contracts with local business partners, research and develop products, seeking opportunities for the purchase or sale of goods and provision of services. A foreign representative office is a simple form of investment in Vietnam to enhance business from overseas, with multiple advantages while fewer risks regarding the required business compliance procedures such as investment capital, tax, accounting, and auditing. And it is easy to be extended or terminated or dissolved. The expatriate employees who work for representative office can obtain work permit and two years multiple visa (temporary residence card) for themselves and their family in Vietnam.
The foreign representative office in Vietnam is a dependent unit supporting business operations of the parent company, which is allowed to do basic business activities such as open a resident office, recruit employees, manage and promote local business contracts, market research., etc.
Properly managing the required procedures on Licenses for Establishment of representative offices will help to avoid serious violations and penalties, and keep your good standing in Vietnam with more business incentives in futures.
CASES AND WHEN FOREIGN TRADERS SHALL APPLY FOR ADJUSTMENTS OF THE LICENSES FOR ESTABLISHMENT?
- Changes in the name or location of the head office of a foreign trader.
- Replacement of the head of the representative office.
- Changes in the name of the representative office.
- Changes in the operations of representative offices
- Changes in the location of the representative office.
WHAT ARE THE CONTENT OF APPLICATIONS FOR ADJUSTMENTS OF THE LICENSES FOR ESTABLISHMENT ?
- An application form for adjustments to the License for Establishment of the representative office using the form promulgated by the Ministry of Industry and signed by a competent representative of the foreign trader.
- The original License for Establishment of the branch or representative office.
- Documents as proof of adjustments. To be specified :
- With regard to adjustments specified in name or location of the head office of a foreign trader: copies of legal documents as proof of changes in the name or location of the head office of a foreign trader are released by competent authorities.
- With regard to adjustments specified in head of the representative office: a letter of appointment of the new head of the representative office; copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the new head of the representative office; proof of fulfillment of personal income tax liabilities of the former head of the representative office at the time of changes.
- With regard to adjustments specified in the location of the representative office: copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office or branch; copies of documents on the expected locations of the representative office or branch under Article 28 hereof and provisions of relevant laws.
- Depending on case, the documents as proof of changes shall be translated into Vietnamese and certified true and shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam.
Contact our professional for any of your further queries regarding:
- What is a foreign representative office in Vietnam?
- How to establish?
- What are the required compliances by laws?
- Risk management during office operation in Vietnam
- How to close or transform in to subsidiary?
VIVA Business Consulting is the unique local expertise who has comprehensive knowledge and business resources that ensure for your representative office in Vietnam fully complied with local laws and regulations at every beginning, at any local competent state agencies.
ABOUT VIVA BUSINESS CONSULTING
VIVA is the local experts for local business compliance procedures, has been trusted by thousands of foreign investors, multinational companies from Europe, Japan, Singapore, India, Korea, USA… regard to market entry service, required business compliance procedures by local laws and regulations since 2006.
Thanks for consistent of practice expertise in Business laws - Employment relations – Tax and accounting – Corporate finance – Corporate services, VIVA has been successfully providing service for thousands of leading companies from Japan, US, EU, Singapore, India, China, Korea…. in such industries: Garment, ennergy, pharma, advertising, agricultural…
VIVA keeps its service signature by offering one-stop business platform with exclusive and tailored-made services related to market entry and mandatory business compliances. We ensure for our client’s good standing, in lawful and optimal manners whenever they are working and doing business in Vietnam.
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