Pursuant to Decree 07/2016/ND-CP detailing the Commercial Law on Representative Offices and Branches of foreign traders in Vietnam stipulating the establishment, operation, rights and obligations of foreign traders. representative offices, branches of foreign traders in Vietnam.
Right to establish office of foreign traders in Vietnam
1. Foreign traders may establish their representative offices and branches in Vietnam according to Vietnam's commitments in international treaties to which Vietnam is a contracting party.
2. A foreign trader may not establish more than one representative office or branch with the same name within a province or centrally run city.
Conditions for granting a representative office establishment license
1. Conditions for granting a representative office establishment license
Foreign traders are granted a License to establish a representative office when meeting the following conditions:
1. Foreign traders may establish and register their business in accordance with the laws of the countries or territories participating in international treaties to which Vietnam is a contracting party or permitted by the laws of these countries and territories. recognize;
2. Foreign traders have operated for at least 01 year from the date of establishment or registration;
3. In case the foreign trader's business registration certificate or paper of equivalent validity has a term for operation, such time limit must be at least 01 year from the date of application submission;
4. The operation contents of the representative office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a signatory;
5. In case the operation contents of the representative office do not conform to the commitments of Vietnam or the foreign trader is not a member of the country or territory participating in an international treaty to which Vietnam is a contracting party, the joining The establishment of a representative office must be approved by the Minister, the Head of the ministerial-level agency in charge of specialized management (hereinafter referred to as the Minister of specialized management).
2. The operation contents of the Representative Office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a member?
According to the schedule of commitments on trade in services of Vietnam when joining the WTO; According to the Commercial Law 2005; According to Decree No. 07/2016/ND-CP dated January 25, 01 of the Government detailing the Commercial Law on representative offices and branches of foreign companies (traders) in Vietnam, the Ministry of Industry and Trade The business has announced the fields of operation of foreign investors permitted to establish representative offices in Vietnam as follows:
STT (1) | Sectors/sub-sectors (2) | Specialized management agency (3) |
1 | Business services: | |
A- Professional service | ||
1- Legal service | Judicial | |
2- Accounting, auditing and bookkeeping services | The financial | |
3- Tax consulting service | The financial | |
4- Architectural services | Ministry of Construction | |
5- Technical consulting service | ||
6- Urban planning services and urban landscape architecture | Ministry of Construction | |
7- Veterinary services | Ministry of Agriculture and Rural Development | |
B- Computer services and related services | Ministry of Information and Communications | |
C- Research and development services | Science and technology | |
D- Rental service without operator | Ministry of Industry and Trade | |
E- Other business services | ||
1- Advertising service
| Ministry of Culture, Sports and Tourism | |
2- Market research service | Ministry of Industry and Trade | |
3- Management consulting service | Ministry of Industry and Trade | |
| 4- Services related to management consulting | Ministry of Industry and Trade |
5- Services related to agriculture, shooting range and forestry | Ministry of Agriculture and Rural Development | |
6- Mining related services | Ministry of Industry and Trade | |
7- Services related to production | Ministry of Industry and Trade | |
8- Services related to scientific and technical consulting | Ministry of Industry and Trade, Ministry of Science and Technology | |
9- Repair, maintenance services, machinery and equipment | Ministry of Industry and Trade | |
2 | Information service | Ministry of Information and Communications |
3 | Construction and related engineering services | Ministry of Construction |
4 | Distribution service | Ministry of Industry and Trade |
5 | Education Service | Ministry of Education and Training |
6 | Environmental Services | Ministry of Natural Resources and Environment |
7 | Financial services | Ministry of Finance, State Bank |
8 | Health and social services | Ministry of Health |
9 | Travel services and related services | Ministry of Culture, Sports and Tourism |
10 | Entertainment, culture and sports services | Ministry of Culture, Sports and Tourism |
11 | Service of transportation | The transportation |
12 | Sea freight support services | Ministry of Industry and Trade |
3. What if the operation contents of the representative office are not consistent with Vietnam's commitments?
In case the operation contents of the representative office do not conform to the commitments of Vietnam or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party, the establishment of a representative office shall be carried out. representative office must be approved by the Minister, the Head of the specialized management ministerial-level agency (hereinafter referred to as the Minister of specialized management).
