Question

Answer

Procedure to set up representative office of a foreign company in Danang, Vietnam 

A company incorporated outside Vietnam can establish its representative office in Vietnam. 

Documents required to set up a representative office (RO) of a foreign company in Vietnam, include:

The overseas company must file the following documents: 

Application form for setting up a representative office (RO) signed by the authorized representative of the foreign business entity; 

Copy of Certificate of incorporation or equivalent papers of the foreign business entity certified by the competent authorities where the foreign business entity is established. If the Certificate of incorporation or alternative documents have expiry date for business entity’s operation, the remaining time must be at least one year;

Audited financial reports or other alternative documents proving real existence and operation of the foreign business in the latest fiscal year; 

Copy of Articles of Association, applied to those which are economic organizations (Clasue 1 Article 5 Decree NNo. 72/2006/NĐ-CP dated July 25, 2006). 

Application form for setting up a representative office, follow the form prescribed in Form MĐ-1 Annex I attached to the Circular;

Alternative documents mentioned at Point c Clause 1 Article 5 Decree No.72/2006/NĐ-CP include: written documents to certify the status of implementation of tax or financial obligation in the latest fiscal year issued by competent authorities where the foreign trader is established or other alternative documents issued by independent, competent agencies certifying the existence and operation of the foreign trader in the latest fiscal year (Clause 1 Part II Circular No. 11/2006/TT-BTM dated September 28, 2006).

Documents in the application file for a representative office which are issued or certified by foreign competent authorities in accordance with provisions at Decree No. 72/2006/NĐ-CP and guidances at this Circular are required to make consular legalization in accordance with Vietnam’s law, then, to translate into Vietnamese; the translations, copies are required to be notarized in accordance with Vietnam’s law (Point A Clause 3 Part I Circular No. 11/2006/TT-BTM dated September 28, 2006)./.

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DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son