Does a representative office use a TIN in Vietnam?

Does a representative office use a TIN in Vietnam?

Pursuant to Article 8 of Decree No. 01/2021/ND-CP, the regulations are as follows:

Enterprise ID number, ID numbers of affiliates, ID numbers of business locations of enterprises

1. Each enterprise is assigned a unique number called the enterprise ID number. This number is simultaneously the TIN and the number for participating in the social insurance of the enterprise.

2. The enterprise ID number exists throughout the business operation of the enterprise and cannot be reissued to other organizations or individuals. When the enterprise ceases its operation, the enterprise ID number will become invalid.

3. The enterprise ID number is automatically created, sent, and received by the National Business Registration Information System, Taxpayer Registration System, and is recorded on the Enterprise Registration Certificate.

4. State management agencies uniformly use the enterprise ID number for state management tasks and information exchange about enterprises.

5. The dependent unit number of the enterprise is issued to its branches and representative offices. This number is simultaneously the TIN for the branch or representative office.

6. The ID numbers of business locations of enterprises consists of 5 digits issued in order from 00001 to 99999. This number is not the TIN for the business location.

7. In the event that an enterprise, branch, or representative office has its TIN invalidated due to tax law violations, it may not use the TIN in economic transactions from the date the Tax Authority publicly announces the invalidation.

8. For branches and representative offices established before November 1, 2015, but not yet assigned a dependent unit number, the enterprise should directly contact the Tax Authority for a 13-digit TIN and then complete procedures to change the activity registration content at the Business Registration Authority as stipulated.

9. For enterprises already established and operating based on an Investment License or Investment Certificate (which also serves as a Business Registration Certificate) or equivalent legal documents and Securities Business Establishment and Operation License, the enterprise ID number is the TIN issued to the enterprise by the Tax Authority.

Thus, according to the above regulations, a representative office is not allowed to use the TIN in economic transactions from the date the Tax Authority publicly announces the invalidation of the TIN.

Does a representative office use a TIN in Vietnam? (Image from the Internet)

How to register the name of a representative office in Vietnam?

Pursuant to Article 20 of Decree No. 01/2021/ND-CP, the regulations for registering the name of a representative office are as follows:

- The name of the branch, representative office, or business location is performed according to the provisions of Article 40 of the Law on Enterprises.

- In addition to the name in Vietnamese, the branches, representative offices, and business locations of the enterprise may register names in foreign languages and abbreviated names. The foreign language name is translated from the Vietnamese name into one of the foreign languages using the Latin alphabet. The abbreviated name is derived from the Vietnamese name or the foreign language name.

- The proprietary name in the name of the branch, representative office, or business location of the enterprise is not allowed to use the phrases “company” or “enterprise”.

- For enterprises with 100% state capital when reorganized into a dependent accounting unit due to restructuring requirements, they are allowed to retain the previous state enterprise name before restructuring.

Shall a notification of shutdown of operation be sent to the district-level business registration authority in case of shutdown in Vietnam?

Pursuant to Article 92 of Decree No. 01/2021/ND-CP, the regulations for cessation of business activities are as follows:

Cessation of Operation for Household Businesses

1. When ceasing business operations, a household business must send a notification of cessation to the district-level Business Registration Authority where registered. The notification must include the following documents:

a) Notification of the Tax Authority about the invalidation of the TIN;

b) A copy of the minutes of the family member meeting regarding the cessation of household business operations in the case of family members registering as household businesses;

c) The original Business Registration Certificate of the household business.

2. The household business is responsible for fully settling debts, including tax debts and unpaid financial obligations, before submitting the dossier for cessation of operations, unless there is an agreement otherwise with creditors. The district-level Business Registration Authority shall verify the validity of the dossier and issue a notice regarding the cessation of household business operations.

Thus, the cessation of business activities dossier must include a notification regarding the invalidation of the TIN by the Tax Authority.