The procedure to establish a branch of the foreign investors in Viet Nam

A. The legal issues for the foreign investors

1. Conditions for foreign investors to establish a branch in Viet Nam

Conditions on issuance the License to establish a branch:

1. Foreign investors are granted License to establish a branch in Vietnam if they meet the following conditions:

a. Being recognized as legal entity by countries or territories (collectively referred as countries) of business registration;

b. Having operated for no less than 05 years since the commencement of valid business registration in the countries of origin;

2. License to establish representative office or branch expires in five years.

General conditions:

Documents must be translated into Vietnamese and certified by the overseas diplomatic or consular representative office in Vietnam and legalized in accordance with Vietnamese laws.

B. Information of documents

1. Documents

(a) Valid Name of the branch proposed to be established. This name shall include the name of the enterprise together with the word "branch” ;

(b) Address of the location of the branch or representative office;

(c) Contents and scope of operation of the branch or representative office;

(d) Information about the head of the branch( For Vietnamese citizen residing in Vietnam: Valid copy of identification card (or passport), For Foreigner who does not have residential card in Vietnam: A copy of valid passport, a work permit issued by the Vietnamese jurisdictional agency);

(e) Copy of decision appointing the person who will act as head of the branch or representative office;

(f) Copy of contract of renting places;

(g) Other certificates to establish a branch;

(h) Legal documents of the foreign investor;

 

Note: The copy of business registration certificate or other documents of the foreign investor should be certified by the authorized offices in the country of branch establishment.

The financial statement or other documents can prove the existence and operation of the company in the recent years ( the other documents include: report on the tax or financial duty given by authorized offices or other documents given by independent, authorized organizations )

C. Services of Bacvietluat

Based on the documents and information you submitted, we make necessary documents , and represent you in the authorized Vietnam offices to complete the procedure

D. The full documents include: :

a. Application to establish a branch in accordance with forms issued by the Ministry of Trade. The Application must be signed by legal representative of the foreign investor;

b. Copy of the Charter of the branch, specifying scope of authorization of the branch’s head;

c. Copy of the Business Registration Certificate or other alternative documents certified by competent agencies of the country where the business was established. If the Business Registration Certificate or alternative documents have an expiry date , the remaining time must be at least three years;

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

e. The legal service contract with Bacvietluat to implement the service of branch establishment

All documents must be translated into Vietnamese, certified by the overseas diplomatic representative office in Vietnam and legalized in accordance with Vietnamese laws.

BVL LawFirm -Bac Viet Luat

Address: No 86, Lane 7, Pham Hung Road, Me Tri, Tu Liem Dist, Ha Noi, Vietnam

Phone: (+84)4.22397686 - 22155966 – 22156155

Mail: Ceo@bacvietluat.vn  – dichvu@bacvietluat.vn - Website: www.bacvietluat.vn  - www.luatbacviet.vn – http://bvl.vn – http://lawvn.net

Hotline: 0938188889 – 01687696666 (Lawyer Vu Ngoc Dzung)

 

We are looking forward to hearing from you and we are always ready to exchange important information with you.

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