Chief Of Representative Office Or Head Of Branch In Vietnam – Role and Responsibility

Chief of representative office in Vietnam

Chief Of Representative Office Or Head Of Branch In Vietnam – Role and Responsibility

Chief of representative office – head branch in Vietnam shall follow compliance procedures of an expatriate in Vietnam and also have more rights and obligations according to local regulations.

ROLE AND RESPONSIBILITY OF THE HEADS

  1. The chief of representative office or head of branch shall be responsible for his/her action and the operation of the representative office or branch to his/her head office within the power of attorney.
  2. The chief of representative office or head of branch shall be responsible for his/her activities in case of carrying out activities out of the scope of authorization.
  3. In the absence of the chief of the representative office or head of branch from Vietnam, he/she shall grant the power of attorney to another person by written notice. The power of attorney shall be made with the prior consent of the head office. However, the chief of the representative office or branch shall be responsible for exercising rights and obligations specified in the power of attorney.
  4. Upon the expiry of the power of attorney stipulated in clause 3 hereof, if the chief of the representative office or head of branch has yet to return and no additional power of attorney is made, the current authorized person shall be eligible for exercising rights and obligations as the chief of the representative office or branch, within the scope of authorization, until the heads return or the parent company appoints another person as the new chief office or branch.
  5. In case #001 the chief of representative offices or head of branch from Vietnam is absent from Vietnam for a period of longer than 30 days without any authorization; #002 the chief or head of branch is dead, missing, detained, sentenced to prison or has no capacity for action, the parent company shall appoint another person as the new chief office or branch.
  6. If the parent company authorizes the chief of the representative office or head of branch to sign, adjust or supplement contracts, the head office shall grant the power of attorney by written notice for each conclusion, adjustment, and supplementation.

THINGS THAT THE HEADS SHALL NOT BE ALLOWED TO DO

The chief of representative office shall not concurrently hold the following titles:

  1. The head of a branch of the same parent company.
  2. The head of a branch of another parent company.
  3. The legal representative of the same Parent company or others.
  4. The legal representative of a business organization incorporated in accordance with the Laws of Vietnam.

The head of branch shall not concurrently hold the following titles:

  1. The chief of a representative office of another parent company.
  2. The chief of a representative office of the same parent company.
  3. The legal representative of a business organization incorporated under the Laws of Vietnam.

CHIEF OF REPRESENTATIVE OFFICE OR BRANCH IN VIETNAM MUST COMPLY WITH THE LOCAL LAWS AND REGULATIONS ON FOREIGN EMPLOYEES

The foreign employees in Vietnam may enjoy a lot of promotions, incentives regarding tax, visa and administrative procedures. However, the foreign employees who work at representative office or branch in Vietnam shall be also complied with the local laws and regulations to avoid and prevent the risks in advance.


VIVA has been an in-depth consultant on business compliance procedures in Vietnam since 2006, based on our professional - integrated background in Business laws - Accounting and corporate finance - Tax management - Labor relation and payroll – Business administration procedures. VIVA offers exclusive services in an integrated tailor-made, consist of 5 specialized-expertise platforms and the inheritance experience up to hundreds of years for every job.

Our extensive expertise and management system that facilitates us to connect local resources and be ready to deliver exclusive solutions that exceed all standard limits and satisfy all expectations of our clients.

 

Chat with Consultants


Read more:

Foreign employees in Vietnam – what you need to know

Annual operation reports for foreign representative offices

Risk management on representative office operation in Vietnam

Full compliance procedures for foreigners who are working in Vietnam

Compliance procedures for license of foreign representative office in Vietnam

Cashbook and petty cash for tax inspection of representative office in Vietnam

Operating representative office in Vietnam manage your 08 compliance procedures

Manage tax declaration and settlement for a foreign representative office in Vietnam

Representative office vs subsidiary vs branch? How to transform business models in Vietnam

Last Updated on June 14, 2021