Service of establishing representative office of foreign invested company

Opening a representative office with foreign investment capital in Vietnam requires many conditions, documents and procedures. Refer to the service of establishing a representative office of a foreign company at fdiinvietnam.com to save costs and time.

Conditions for granting a license to a representative office of a foreign company in Vietnam

When foreign traders and investors want to have a contact unit, research the market, promote and boost their business investment opportunities in the Vietnamese market, applying for a license for a foreign company representative office is necessary.

To establish a representative office of a foreign trader in Vietnam, you need to satisfy one of the following five conditions (according to Article 7 of Decree 07/2016/ND-CP):

  1. Foreign traders are established and registered to do business in accordance with the laws of countries and territories participating in international treaties of which Vietnam is a member or recognized by the laws of these countries and territories;
  2. Foreign traders have been operating for at least 1 year since the date of establishment/registration;
  3. In case the business license or equivalent document of a foreign trader stipulates a term of operation, that term must be at least 1 year from the date of application submission;
  4. The activities of the representative office must comply with Vietnam’s commitments in international treaties to which Vietnam is a member;
  5. In case the scope of activities of the representative office is not consistent with Vietnam’s commitments or the foreign trader is not from a country or territory participating in an international treaty to which Vietnam is a member, the establishment of the representative office must be approved by the Minister or Head of the specialized ministerial-level agency. 

Note:

The head of a representative office may not concurrently hold one of the following positions:

  • Head of a branch of the same foreign trader;
  • Head of branch of other foreign trader;
  • Legal representative of that foreign trader or another foreign trader;
  • Legal representative of an economic organization established under the provisions of Vietnamese law.

Cost and time to complete procedures for opening a representative office of a foreign company

When establishing a representative office for a foreign-invested company, you not only have to meet the basic conditions as a representative office of a 100% Vietnamese-owned company, but also have to comply with many regulations specific to foreign enterprises. 

Therefore, choosing the service of establishing a representative office for foreign traders at fdiinvietnam.com is the optimal choice, both saving costs and speeding up the completion without having to spend time on regulations and conditions.

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Information customers need to provide

  • Notarized copy of parent company’s business registration certificate (consular legalization and notarized translation);
  • Passport of the head of representative office (notarized copy);
  • Audited financial statements of the parent company for the most recent year (consular legalization and notarized translation);
  • Documents on the head office address (contract for leasing/borrowing an office address in Vietnam); with a photocopy of the land use right certificate (for real estate); with documents proving that the address has the function of leasing an office (for office buildings).

Note:

All documents and papers must be translated into Vietnamese and must be certified in accordance with Vietnamese law.

Things to do immediately after establishing a foreign enterprise representative office

After being granted a certificate of registration for the operation of a representative office in Vietnam of a foreign-invested company, you need to immediately note the following:

  1. Open an account;
  2. Hanging representative office nameplate;
  3. Seal engraving and seal sample publication;
  4. Submit business license fee declaration;
  5. Pay business license fees;

Note:

The account number of the representative office is not allowed to receive payments on behalf of the parent company, but is only used to serve the activities of the representative office, such as: receiving foreign currency from the parent company abroad, paying for office rental costs, equipment, etc. of the representative office.

Frequently asked questions when establishing a representative office of a foreign enterprise

1. When is it necessary to carry out procedures to establish a representative office of a foreign company?

If foreign investors want to facilitate trade promotion or use it as a contact unit, exchanging information with the parent company, they should establish a representative office in Vietnam.


2. How to open a representative office in Vietnam?

To be able to apply for a license for a representative office of a foreign trader, you need to pay attention to 5 conditions regarding the status and activities of the foreign trader.

  See details:  Conditions for opening a representative office in Vietnam.


3. What is the validity period of the representative office license of a foreign-invested company?

According to Article 9 of Decree 07/2016/ND-CP, the representative office license of a foreign company  is valid for 5 years  but must not exceed the remaining term of the business license or other documents of the same validity.


4. What to do when the representative office license of a foreign company expires?

In case the representative office license of a foreign trader expires, you can apply for an extension. The validity period of the extension license is 5 years (equivalent to the license issued for the first time). Contact fdiinvietnam.com at  0978 578 866 (North) ,  033 9962 333 (Central)  or  033 9962 333 (South)  for free consultation support.


5. What tax obligations must a foreign company representative office fulfill?

Tax obligations of representative offices of foreign companies are similar to those of 100% Vietnamese-owned representative offices.  Representative offices of foreign traders must pay business license fees and personal income tax . If the parent company is in the business license fee exemption period, the representative office will also be exempted from business license fees.


Call us at  0978 578 866 (North) ,  033 9962 333 (Central)  or  033 9962 333 (South)  for support.

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