Step by Step to set up Representative Office in Vietnam

Using the following 2 steps, you could set up Representative Office in Vietnam: #Step 1: Getting the License for establishment of RO. #Step 2: registering the seal sample and tax code. Hereinafter, we shall advise you on the procedure for setting up a RO in Viet Nam.

#Step 1: Getting the License for establishment of RO.

First of all, you need to submit the RO establishment dossier to the Industrial and Trade Portal in the city where your RO is placed.

The dossier must include:

• An application for establishing Representative Office (“RO”) in Vietnam (We shall provide you the sample of application)
• Copy of the Business Certificate or equivalent documents of the foreign company; legalized by Vietnamese Consular in your country;
• A letter of appointment of the head of the RO;
• The audited Financial Report of the last fiscal year;
• Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office;
• Documents on the expected location of the representative office including:
• Certified copies of memorandum of understanding (MOU) or leasing agreements or documents as proof of the right to use a location as the representative office;
• Power of Attorney.

Within 07-10 working days from the filing date, you shall be granted the License for establishment of RO in Vietnam.

#Step 2: Registering the seal sample and tax code

After your RO is established, you need to register the seal sample and tax code of the RO. In particular:

Seal sample registration

According to Vietnamese law, the RO is not considered to be a business entity, therefore, you can not register the RO’s seal at the Department of Planning and Investment as usual.

This seal sample registration must be performed at the Police Station #PC64 of Vietnam. And the dossier must include:

• The License for establishment of RO;
• Power of Attorney

Within 02-03 working days: granting the seal sample and the certificate of seal registration.

Tax code registration

Within ten working days from the date granting License for establishment of RO; you must submit the dossier applying for the tax code.

The dosser must include:

• The tax code registration application
• Power of Attorney.

Within 05-07 working days, you shall be granted the tax identification number notification.

Set up representative office in Vietnam – Services of KDL LAW

Preliminary advice of KDL LAW before setting up Representatvie offcie in Vietnam.

First of all, the foreign enterprise must have a legal establishment with the operation for at least one year from the date of establishment or registration. In case this enterprise operates for a definite period, that period must remain at least one year from the date of filing the application for the establishment of a representative office in Vietnam

Secondly, the representative office cannot perform the business function, but can perform the function of market research, investment opportunity promotion, represent the foreign enterprise to communicate and implement transactions with the clients in Vietnam. It means that the representative office must not carry out the affairs regarding the service providing or profitable business activities.

Thirdly, the license of establishing the representative office is valid for 05 years, but does not exceed the time remaining of the foreign enterprise’s registration certificate.

Fourthly, the representative office has its own tax code and seal (not using the seal of foreign enterprise).

Fifthly, the business registration certificate of the foreign enterprise must be consularized in the host country.

Sixthly, please note that the location of a representative office is no allowed to be an apartment in accordance with Law on Housing 2014. Therefore, the location of the representative office must be a private house with the certificate of house ownership or office building, or multi-purpose buildings with a floor area for office leasing. The proving documents will be attached with the dossier applying for the license of establishing the representative office.

Seventhly, the business lines of the foreign enterprise planning to establish representative office must be committed in Vietnam’s WTO commitments with member states or other trade agreements in which Vietnam and the host country of the foreign company participated. For foreign enterprise doing business in the sectors which are not yet committed in the WTO commitments, the approval of the Ministry of Industry and Trade and other Ministries of specialized sectors is required.

Fee and time for set up representative office in Vietnam

Works	Time	Fee
Set up representative office in Vietnam: – Apply for the License Order the seal of the representative office – Register the tax code of the representative office. – Publish the information of the representative office	20 – 25 working days	from 500 USD

Why chose KDL LAW?

• KDL LAW have more than 10 years experiences of setting up New Company and set up Representative office in Vietnam
• Free consultation before starting your business in Vietnam.
• We commit to provide the best services with the competitive fees.
• Our lawyers good at English, Chinese and Korean.

Read more: Why should you choose KDL LAW service for setting up R.O in Vietnam ?

Contact us when you want to set up new representative office in Vietnam

Email: Duy.do@kdllaw.vn