Question
My company is planning to open a representative office in Da Nang ? Lawyers in Danang advise about content of operation, annual licence fee, declaration file, how to declare licensing fee of a representative office in Vietnam ?
Answer
Setting up a representative office in Da Nang, Vietnam ?
Representative office in Vietnam:
A representative office shall be a dependent unit of an enterprise, having the task of acting as the authorized representative in the interests of the enterprise and protecting such interests (Clause 2 Article 45 Law on Enterprises No. 68/2014/QH13 dated 26 November 2014).
Establishing a Representative Office (RO):
An enterprise has the right to establish branches and representative offices in Vietnam and overseas. An enterprise may locate one or more branches or representative offices within one locality on the basis of its administrative boundaries (Clause 1 Article 46 Law on Enterprises No. 68/2014/QH13 dated 26 November 2014).
Annual license fee of a representative office in Vietnam:
The amounts of licensing fees for branches, representative offices, business premises, public service providers, other business entities: VND 1,000,000 per year (Point c Clause 1 Article 4 Circular No. 302/2016/TT-BTC dated November 15, 2016).
Declaration and payment of licensing fees:
The licensing fee declaration is the Declaration of licensing fees under the form issued with this Decree (Clause 2 Article 5 Decree No. 139/2016/NĐ-CP dated April 10, 2016).
Submission of the licensing fee declaration:
The licensing fee payers shall submit the licensing fee declaration to the tax authority in charge.
Where the fee payers have their subordinate units (branch, representative office, business location) that carry on their business in the same provincial-level locality, the licensing fee payers shall submit the licensing fee declaration of such subordinate units to the tax authority in charge of the licensing fee payers;
Where the fee payers have their subordinate units (branch, representative office, business location) that carry on their business in different provincial-level locality where the head office of licensing fee payers is located, the subordinate units shall submit the licensing fee declaration to the tax authority in charge of the subordinate units (Clause 3 Article 5 Decree No. 139/2016/NĐ-CP dated April 10, 2016)./.
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Procedure to set up representative office of a foreign company in Danang, Vietnam
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