CONSULTING FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE
Consulting on conditions for granting a representative office establishment license: A foreign trader is granted a representative office establishment license when the following conditions are met:
- Foreign traders may establish and register their business in accordance with the laws of countries or territories participating in international treaties to which Vietnam is a contracting party or recognized by the laws of these countries and territories. ;
- Foreign traders have operated for at least 01 year from the date of establishment or registration;
- In case the business registration certificate or paper of equivalent validity of the foreign trader stipulates the operation term, such time limit must be at least 01 year from the date of application submission;
- The operation contents of the Representative Office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a signatory.
1. Consulting and assisting in the preparation of Dossier for issuance of a License to establish a foreign representative office in Vietnam, including:
a) An application form for a license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
b) A copy of the business registration certificate or an equivalent document of the foreign trader;
c) The document of the foreign trader appointing/appointing the head of the representative office;
d) A copy of the audited financial statement or a written certification of the fulfillment of tax or financial obligations in the latest fiscal year or a paper of equivalent value issued by a competent agency or organization in the locality. established foreign traders grant or certify and prove the existence and operation of foreign traders in the latest fiscal year;
dd) Copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the head of the representative office;
e) Documents on the proposed location of the representative office, including:
– A copy of the memorandum of understanding or agreement on leasing the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
– A copy of the document on the proposed location of the representative office, which must satisfy: the provisions of Vietnamese law on security, order, occupational safety and health conditions and other conditions according to regulations. provisions of the law.
2. Dossier consultation and document completion, including:
The documents specified at Points b, c, d and dd (for the case where the passport copy of the head of the representative office is a foreigner) above must be translated into Vietnamese and authenticated according to the regulations. provisions of Vietnamese law. Documents specified at Point b, Clause 1 above must be certified or consularly legalized by Vietnamese diplomatic missions or consular offices abroad in accordance with Vietnamese law.
Submit an application for a license to establish a representative office of a foreign company: 10-15 working days;
Explanation and support for additional requirements if the application is incomplete or invalid: 03 working days.
Engrave round seal and register seal sample of representative office of foreign company: 05 working days;
Registration for issuance of Tax Code Notification of Representative Offices of foreign companies: 05 -07 working days.
The reason for choosing the service
Expertis's representative office consulting
1. Advice on Opening accounts in foreign currencies and accounts in Vietnam dong at banks licensed to operate in Vietnam;
2. Representative office accounting consultation and online accounting software donation (12 months free) for making cash book to record all revenues and expenditures during the operation of the Representative Office;
3. Consulting on signing labor contracts with the chief representative and employees of the representative office; Consulting and supporting to apply for work permits for foreign workers working at Representative Offices (if any); Consulting the foreign parent company must certify the salary and income (according to the form) for the chief representative and employees of the representative office;
4. Consulting on personal income tax declaration for employees (if any);
5. Consulting on labor declaration and opening insurance dossiers for the chief representative and employees of the representative office (if any);
6. Advice on archiving records and documents when paying tax, keeping all tax payment declarations and tax receipts of state agencies and finalizing annual income tax for the chief representative and employees of the tax office. representative room.
With comprehensive capacity and more than 18 years of experience in business and investment consulting, we not only advise you to get the IRC Investment Registration Certificate, ERC Business Registration Certificate, Business License, etc. (WTO), but also advise you to start a new business in Vietnam, help you figure out the best place to start and how to achieve success as a professional companion.
Our local knowledge connects to your needs effectively as we advise and help you understand the business environment in Vietnam in fluent English.
Expertis' consulting services focus on service quality and building long-term relationships with Clients.
This allows us to understand all aspects of the business and the environment in which it operates, to ensure that the work is focused on the right nature and time, making it efficient and cost-competitive. best.
+ Accurately perform the work content as agreed in the contract.
+ Prepare reports, send reports as required and on time.
+ Cooperate with customers to find solutions to problems to ensure that the interests of customers come first.
The head of a representative office is prescribed as follows:
- Can be a person with Vietnamese nationality or a foreign nationality who has signed a labor contract with a representative office.
- The head of a representative office of a foreign trader may not concurrently hold the following positions:
- Head of Branch of the same foreign trader;
- Heads of Branches of other foreign traders;
- The legal representative of that foreign trader or other foreign trader;
- The legal representative of an economic organization established in accordance with the laws of Vietnam.
Pursuant to the above-cited legal provisions, the individual is currently the head of a branch of the same foreign trader or a branch of another foreign trader; The legal representative of such foreign trader or other foreign trader or of an economic organization established in accordance with the laws of Vietnam may not act as the head of a representative office of a foreign trader in Vietnam. Male.
Activities of Representative Offices: market research, trade promotion in Vietnam. Therefore, representative offices of foreign companies in Vietnam are not allowed to sign and perform economic contracts.
Sales activities promoted by the representative office must be carried out by the parent company or other legal entity.
Activities of Representative Offices: market research, trade promotion in Vietnam.
Therefore, representative offices of foreign companies in Vietnam are not allowed to collect payments from customers to foreign companies.
During its operation, the Representative Office needs to keep the following documents:
- License to operate; Seal, Certificate of seal specimen;
- Notice of tax identification number of the representative office;
- Records and documents related to the salary of the Head of Office and office staff
- Records of participation in social insurance, payment of personal income tax
- Records related to the representative office's activities during the year.
Representative offices of foreign companies in Vietnam must comply with the reporting regime, including:
1. Before January 30 of each year, the representative office is responsible for sending a report according to the form set by the Ministry of Industry and Trade on its activities in the previous year by post to the licensing agency (the provincial Department of Industry and Trade). - Central cities).
2. Representative offices are obliged to report, provide documents or explain issues related to their operations at the request of competent state management agencies.