Up a representative office, branch

PROCEDURES ESTABLISHED BRANCH REPRESENTATIVE OFFICE LOCATIONS BUSINESS ENTERPRISES IN VIETNAM BRANCH REGISTRATION RECORDS REPRESENTATIVE OFFICE: Within 10 (ten) working days from the decided to set up branches, representative offices, enterprises must send a notice to set up branches, representative offices to the provincial-level business registration office where the branch or representative office. Such notice shall include:

 Name and address of the head office of the enterprise;
 The lines of business of the enterprise;
 The name of the branch, representative office intends to establish. Name of branches and representative offices to bring business name and accompanied by the term "branch" for registration of a branch, the phrase "representative offices" for the establishment of a representative office registration ;
 Address of the branch or representative office;
 The content and scope of activities of a branch or representative office;
 Full name, place of residence, number of the identity card or passport or other lawful personal identification provided for in Article 18 of this Decree of the head of a branch or representative office;
 Full name and signature of the legal representative of the enterprise.
Documents attached notification must include:
 A copy of the business registration certificate of the enterprise;
 Copies of the charter company to a limited liability company, joint stock company, partnership;
 Decision in writing and a copy of the minutes of the meeting of the Council members for limited liability companies with two or more members, the owner of the company or board member or chairman of the company for the company Limited a member of the Board of Directors of the joint-stock company, of the partners to the partnership on the establishment of branches and representative offices;
 A copy of the decision to appoint the head of the branch or representative office.
For business branch lines must have a practicing certificate must have a valid copy of a practicing certificate of the head or deputy head of the branch.
If the branch or representative office to be set up in the provinces and cities directly under the Central Government where the enterprise is headquartered businesses do not have to submit a copy of the business registration certificate, a copy of the charter business companies active in the registration dossier.
NOTICE BUSINESS LOCATION:
Place of business of the enterprise may be in addition to the registered office address. In this case, the place of business of the enterprise is located in the province or city where the business headquarters or a branch. Within 10 (ten) working days from the date the decision established place of business, now notice where business locations to the provincial-level business registration office. Such notice shall include:
 Name and address of the head office of the enterprise, branch name and address (if the place of business under the branches);
 Name and address of the business location. Business location name to the name of the enterprise and the attached organizational forms of business location;
 Scope of business location;
 Full name, place of residence, number of the identity card or passport or other lawful personal identification provided for in Article 18 of Decree No. 88/2006/ND-CP of the head of the business location;
 Full name and signature of the legal representative of the enterprise.
Within 7 (seven) working days from the date of receipt of valid dossiers, the provincial-level business registration office certificate of registration of a branch, agency, or supplement the place business to business registration certificate or business registration certificate of the branch.
Business case to set up branches and representative offices in the province or city where the business is headquartered within 7 (seven) working days from the date of issuance of the certificate of registration details branches, representative offices, businesses must be notified in writing to the provincial-level business registration office where the business is headquartered in addition to business registration profile and granted business registration certificates business.
The establishment of branches and representative offices of foreign enterprises shall comply with the provisions of the domestic law.
Within 10 (ten) working days from the date of the official opening of branches, representative offices abroad, enterprises must be notified in writing to the business registration office where business enterprises registered . The notice must include a copy of the certificate of registration of a branch, representative office or equivalent document to supplement the record business registration and re-granting business registration certificates .
PROCEDURES ESTABLISHED BRANCH REPRESENTATIVE OFFICE
OF FOREIGN TRADERS
RECORDS REQUEST FOR ESTABLISHMENT PERMIT REPRESENTATIVE OFFICES AND BRANCHES
Licensing conditions established representative office, branch
Foreign traders license to establish a representative office in Vietnam if they meet the following conditions:
 Traders is the law of the territory (hereinafter referred to as water) where it has established or recognized legitimate business registration;
 It has been operating for 01 years, since the establishment or business registration legal in its country.
Foreign traders are granted a branch establishment in Vietnam if they meet the following conditions:
 Traders are laws of the countries where it has established or recognized legitimate business registration;
 It has been operating for 05 years, since the establishment of or legitimate business registration.
Permit establishment of representative offices, branches of foreign traders in Vietnam for 05 years but not to exceed the remaining term of the business registration certificate or papers of equivalent value of foreign traders in case of foreign law stipulated period of business registration certificate of foreign traders.
Profile for a license for the establishment of representative offices, branches include the documents specified in Article 5 of Decree No. 72/2006/ND-CP, including:
 An application for a permit establishment of the branch in the form of the Ministry of Commerce by the authorized representative of the foreign traders;
 Copies of the charter operations of the branch, which clearly define the scope of authorization for the head of the branch;
 A copy of the business registration certificate or papers of equivalent value of foreign traders are competent agencies where foreign business establishment or business registration confirmation. In the case of the business registration certificate or papers of equivalent value specified period of operation of foreign traders, the duration must be at least 03 years;
 Audited financial statements or other documents of equivalent value to prove the existence and the activities of foreign traders in the most recent fiscal year.
The papers specified at Points b and c, Clause 1 and b, c and d, Clause 2 of this Article must be translated into English, diplomatic missions, consulates of Vietnam in foreign countries and certification accomplish legalization under the provisions of Vietnamese law
Sample application for a permit to establish representative offices, branches made according to Form MD-1, Appendix I issued Circular No. 11/2006/TT-BTM September 28, 2006 of the Ministry of Trade guiding the implementation of Decree No. 72/2006/ND-CP of July 25, 2006 of the Government detailing the Commercial Law regarding representative offices and branches of foreign traders in Vietnam
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RECORDS REQUEST FOR ADJUSTMENT OF REPRESENTATIVE OFFICE ESTABLISHMENT PERMIT, CHI NHANHHo license application for adjustment of established representative offices, branches include the documents specified in Clause 2, Article 10 of Decree No. 72 / 2006/ND-CP.
In the following cases, foreign traders to modify procedures, additional permits for the establishment of representative offices, branches with the competent authority within 10 days from the date of the change :
 Change the head of the representative office or branch;
 Change the location of the headquarters of the foreign traders within the country where the establishment or business registration;
 Change the location of the headquarters of the representative office within the province or city directly under the Central Government;
 Change the location of the branch office in Vietnam;
 Change the name or the operation of representative offices and branches.
CASE ADDITIONAL PROPOSED AMENDMENT ESTABLISHMENT PERMIT REPRESENTATIVE OFFICE BRANCHES INCLUDING:
 An application for amendment and supplement representative office establishment license, according to a form set by the Commerce Ministry authorized representative of the foreign traders; (Form MD-2 Appendix I attached to Circular 11/2006/TT-BTM)
 Original permit established a representative office or branch level.
Within 10 days from the date of receipt of valid dossiers of foreign traders, the licensing agency shall modify, add and send a copy of the license permit has been modified, in addition to agencies specified in Clause 2, Clause 3 of Article 7 of this Decree.
RECORDS REQUEST FOR RE-ESTABLISHMENT PERMIT REPRESENTATIVE OFFICES AND BRANCHES
In the following cases, foreign business license procedures for the re-establishment of representative office, branch to the competent authority within 15 days from the date of change:
 Change the location of the headquarters of the Office of the representatives from the provinces and cities directly under the central government to provinces, cities directly under the Central Government;
 Change the name or change the place of establishment registration of foreign traders from one country to another country;
 Change the operation of foreign traders.
 In the case of the representative office establishment license branch is lost, torn or destroyed, foreign traders must request re-issuance procedures permit the establishment of representative offices, branches with the authority immediately after the event.
Profile re-establishment permit representative offices, branches
Records request for re-established a representative office license in case of change of location of the headquarters of the Office of representatives from the provinces and cities directly under the central government to provinces, cities directly under the Central Government, other , including:
 An application for a license to set up a representative office in the form of the Ministry of Commerce by the authorized representative of the foreign traders;
 Certified by the licensing agency of deregistration old local representative office;
 Notarized copy of the representative office establishment license has been granted.
Records request for re-establishment permit representative offices, branches in the following cases:
 Change the name or change the place of establishment registration of foreign traders from one country to another country;
 Change the operation of foreign traders.
Include:
 An application for a license to set up a representative office or branch in the form of the Ministry of Commerce by the authorized representative of the foreign traders;
 A copy of the business registration certificate or papers of equivalent value of foreign traders are competent agencies where foreign business establishment or business registration confirmation. The papers mentioned at this point must be translated into Vietnamese and diplomatic missions, consular offices of foreign-based Vietnamese certified and accomplish legalization under the provisions of Vietnamese law South.
 Original permit established a representative office or branch level.
Records request for re-establishment permit representative offices and branches in case of license for establishment of representative office, branch is lost, torn or destroyed, foreign traders must carry out procedures re-establishment licenses of representative offices, branches with competent authorities immediately after the event.
Include:
 An application for a license to set up a representative office or branch in the form of the Ministry of Commerce by the authorized representative of the foreign traders;
 Original or a copy of the permit for establishment of representative office, branch (if any).
Procedures for re-establishment permit representative offices, branches
Where the relocation of the head office specified in paragraph 1 of Article 11 of this Decree, foreign traders must terminate operation procedures Representative Office in the Department of Commerce where they are located and to re-establishment licenses of representative offices in the Department of Commerce where it plans to locate its new facility.
Within no more than 05 working days from the date of receipt of the request for relocation of headquarters to the provinces and cities directly under the Central Government, the Department of Commerce where foreign businesses are based representative office shall certify in writing of the cancellation of the registration set up a representative office has been at the local level.
Within no more than 05 working days from the date of receipt of valid dossiers of foreign traders under the provisions of Clause 1 of Article 12, the Department of Commerce where foreign traders expected based representative office shall grant a new license for a period not exceeding the remaining term of the representative office establishment license has been granted and notify the agencies specified in paragraph 2 of Article 7 of this Decree.
For a period not exceeding 10 days from the date of receipt of valid dossiers of foreign traders in accordance with paragraphs 2 and 3 of Article 12, the licensing agency shall issue the license for a period of not more than the remaining term of the license for establishment of representative office, branch level and inform the agencies specified in Clause 2, Clause 3 of Article 7 of this Decree.
EXTENSION OF PERMIT RECORDS REPRESENTATIVE OFFICE ESTABLISHMENT BRANCH
Extension conditions
 Needs to continue to operate in Vietnam in the form of representative offices and branches;
 Foreign traders are operating under the laws of the countries where it has established or registered business;
 No serious violations of Vietnamese laws relating to the operation of representative offices and branches.
Profile for renewal of license for the establishment of representative offices, branches, including:
 An application for renewal of license for establishment of representative office or branch in the form of the Department of Commerce by the authorized representative of the foreign traders;
 Audited financial statements or other documents of equivalent value to prove the existence and operation of foreign traders in the most recent fiscal year. The papers mentioned at this point must be translated into Vietnamese and diplomatic missions, consular offices of foreign-based Vietnamese certified and accomplish legalization under the provisions of law Vietnam;
 Report activities of representative offices and branches to date for renewal of license for the establishment of representative offices and branches.
 Original permit established a representative office or branch level.
Within at least 30 days before the license for establishment of representative office, branch expired, foreign traders to extension procedures.
Length of competent state agencies license renewal procedures established representative offices, branches made as license renewal period established representative offices and branches.
PROFILE EXTENSION AND MODIFICATION OF ESTABLISHMENT PERMIT REPRESENTATIVE OFFICE BRANCH
In the case of foreign traders for extension simultaneously with the adjustment of license for establishment of representative office, branch in Vietnam, the profile for extension and adjustments made as for the case of extended . An application for renewal of license and adjusted according to Form MD-5 Appendix I issued Circular No. 11/2006/TT-BTM September 28, 2006 of the Ministry of Trade guiding the implementation of Decree No. 72/2006/ND-CP of July 25, 2006 of the Government detailing the Commercial Law regarding representative offices and branches of foreign traders in Vietnam