Detailed regulations of the Trade Law on representative offices, branches of foreign companies in Vietnam.

DETAILED REGULATIONS OF THE TRADE LAW ON REPRESENTATIVE OFFICES, BRANCHES OF FOREIGN COMPANIES IN VIETNAM.

Decree No. 07/2016/ND-CP dated 25 January 2016 of the Government providing detailed regulations of the Trade Law on representative offices, branches of foreign companies in Vietnam. The government has issued Decree No. 07/2006/ND-CP providing detailed regulations of the Trade Law on representative offices, branches of foreign companies in Vietnam. This Decree shall come into effective on 15 April 2016.

Representative offices

Decree 07 provides that in order to open an RO in Vietnam, the foreign company must have been operating for at least one (1) year. For licensing process, foreign company shall submit application dossier to open its RO to the Department of Industry and Trade (“DIT”) of the city where the RO plans to locate. The application dossier includes:

• Application form
• Business registration certificate
• Letter of appointment of the chief representative
• Audited financial statements of the past year
• Passport of the chief representative
• Office pre-lease agreement

Foreign companies must register with the DIP on the changes of the RO in relation to its name, headquarter address, chief representative or operation scope of the RO.

Branches

Decree 07 provides that in order to secure a branch license in Vietnam, the foreign applicants must have been operating for at least five (05) years. The application dossier shall be submitted to the Ministry of Industry and Trade (“MIT”) (rather than to DIT) and shall include the following documents:

• Application form
• Business registration certificate
• Letter of appointment of head of branch
• Audited financial statements of the past year
• Operation charter of branch
• Passport of branch head
• Office pre-lease agreement

Foreign companies must register with the MIT on the changes of the branch in relation to its name, operation scope, head, location of the branch. RO and branches must submit annual operation reports to their licensing authority by 31 January each year. For more detail or instruction on the opening of RO or branches in Vietnam, please contact Ms. Diep Hoang at diep.hoang@dilinh.com. Website: https://dilinh.com/