FOREIGN NON-GOVERNMENTAL ORGANIZATION OPERATION REGISTRATION CERTIFICATE AND VIETNAM-BASED OFFICE

Foreign non-governmental organization operation registration certificate and Vietnam-based office

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.

For the registration and management of foreign non-governmental organizations in Vietnam, applies to non-governmental organizations, non-profit organizations, social funds, private funds or other social or non-profit organizations, which are established under foreign laws and carry out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam, 

The NGOs can operate in Vietnam in form of:

  1. Vietnam-based project office,
  2. Representative office registration certificate.

PROCEDURES FOR GRANT OF AN OPERATION REGISTRATION CERTIFICATE

Legal requirements:

  1. The original or a certified copy of the legal status certificate issued by a competent authority of the country in which the organization is established or headquartered, which is consular legalized, unless otherwise provided by a treaty that Vietnam has signed or acceded to. (Have the legal person status under the law of the country in which it is established)
  2. A copy of the foreign non-governmental organization’s charter which is consular legalized, unless otherwise provided by a treaty that Vietnam has signed or acceded to has a clear operation charter and guidelines.   
  3. A plan for humanitarian and development activities in Vietnam through programs, projects or non-project aids in line with socio-economic development policies of the Vietnamese State.
  4. Full and abbreviated names of the organization, address of its head office.
  5. Operation guidelines and objectives.
  6. Summary of the organization’s history and development.
  7. Funding sources and capacity.
  8. Programs, projects and/or operation plans in Vietnam.

The operation registration certificate shall be approved to obtain within 45 (forty five) working days after receiving a complete and valid dossier. An operation registration certificate is valid for 3 (three) years from the date of its grant and is invalidated when the foreign non-governmental organization has obtained a Vietnam-based project office or representative office registration certificate.

PROCEDURES FOR GRANT OF A PROJECT OFFICE REGISTRATION CERTIFICATE

Legal requirements and procedures:

  1. The operation registration certificate
  2. A program or project approved by a competent Vietnamese authority and the size and nature of that program or project requires regular and on-the-spot administration and supervision.
  3. necessity to establish the project office; 
  4. planned location of the office; 
  5. expected numbers of foreign and Vietnamese employees of the office.
  6. The original or a copy of the judicial record of the nominated project office chief issued by a competent authority of the country of citizenship of that person, which is consular legalized. The original judicial record issued by a competent Vietnamese authority, if this person has resided in Vietnam for over 6 months.
  7. A biography of the nominated project office chief and a letter of nomination of the representative in Vietnam issued by the head of the foreign non-governmental organization.

The project office registration certificate shall be approved to obtain within 45 (forty five) working days after receiving a complete and valid dossier.  A project office registration certificate is valid for 5 (five) years from the date of its grant.

PROCEDURES FOR GRANT OF A REPRESENTATIVE OFFICE REGISTRATION CERTIFICATE

Legal requirements and procedures:

  1. The operation registration certificate.
  2. Have committed to long-term operation through programs and projects approved by competent Vietnamese authorities.
  3. Have operated effectively in Vietnam for at least two years. 
  4. Base its representative office only in Hanoi, Da Nang or Ho Chi Minh City.
  5. Necessity to establish the representative office; 
  6. Planned location of the office; 
  7. Expected numbers of foreign and Vietnamese employees in the office.
  8. The original or a copy of the judicial record of the nominated representative office chief issued by a competent authority of the country of citizenship of that person, which is consular legalized. The original judicial record issued by a competent Vietnamese authority, if this person has resided in Vietnam for over 6 months.
  9. A biography of the nominated representative office chief and a letter of nomination of the representative in Vietnam issued by the head of the foreign non­governmental organization.
  10. A report on the organization’s activities in Vietnam of at least 2 (two) latest years.

The representative office registration certificate shall be approved to obtain within 45 (forty five) working days after receiving a complete and valid dossier. A representative office registration certificate is valid for 5 (five) years from the date of its grant.

We have been providing service for thousands of multinational companies and foreign representative offices in Vietnam. Wedeeply understand local business regulations as well as identify potential risks in advance to provide tailored solutions, in the most practical manner, beyond the limitations. We do guarantee your best interests and expectation in everything we do.

 

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LEGAL EXPERT
CEO Dinh Nam Hai, VIVA Business Consulting

CEO - BUSINESS LAWYER

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