What is the fee for issuance of license to establish representative offices in Vietnam?

What is the fee for issuance of license to establish representative offices in Vietnam?

Pursuant to Clause 1, Article 4 of Circular 143/2016/TT-BTC, the fee rates are stipulated as follows:

Fee Rates

1. The fee rates for issuing permits to establish Representative Offices of foreign trade promotion organizations and foreign traders in Vietnam are as follows:

a) New issuance: 3,000,000 (three million) VND/permit;

b) Reissuance, modification, supplementation, extension: 1,500,000 (one million five hundred thousand) VND/permit.

2. The fee for issuing permits to establish Representative Offices of foreign trade promotion organizations and foreign traders in Vietnam is collected in Vietnamese Dong (VND).

According to the above regulation, the fee for issuing license to establish representative offices in Vietnam is 3,000,000 (three million) VND/permit for a new issuance and 1,500,000 (one million five hundred thousand) VND/permit for reissuance, modification, supplementation, or extension.

What is the fee for issuance of license to establish representative offices in Vietnam? (Image from Internet)

Which authority collects fees for issuance of license to establish representative offices in Vietnam?

Pursuant to Article 3 of Circular 143/2016/TT-BTC, the agencies authorized to collect fees are stipulated as follows:

Fee Collecting Organizations

1. The state management agency authorized to issue permits for establishing Representative Offices of foreign trade promotion organizations in Vietnam (Trade Promotion Agency under the Ministry of Industry and Trade) is tasked, as specified in Decree 100/2011/ND-CP dated October 28, 2011, to organize the collection and payment of fees for issuing permits to establish Representative Offices of foreign trade promotion organizations in Vietnam, as guided in this Circular.

2. The state management agency authorized to issue permits for establishing Representative Offices of foreign traders in Vietnam is specified in Decree 07/2016/ND-CP dated January 25, 2016, and the agency delegated to issue permits as specified in Decree 29/2008/ND-CP dated March 14, 2008, and Decree 164/2013/ND-CP dated November 12, 2013. These agencies are tasked with organizing the collection and payment of fees for issuing license to establish representative offices in Vietnam, as directed in this Circular.

3. This Circular does not apply to Representative Offices in Vietnam of foreign non-governmental organizations, cooperation organizations, research institutions, cultural education facilities, and other foreign entities.

Accordingly, the agency authorized to collect fees for issuing license to establish representative offices in Vietnam is the state management agency with the authority to issue such permits, or the agency delegated to issue permits, as per the regulations.

What are the requirements for Issuing a license to establish representative offices in Vietnam?

According to Article 7 of Decree 07/2016/ND-CP, the requirements for a foreign trader to be issued a permit to establish a Representative Office are:

- The foreign trader is established and registered for business under the law of the countries or territories participating in international treaties to which Vietnam is a member, or recognized by these countries or territories;

- The foreign trader has been operational for at least one year from the date of establishment or registration;

- In cases where the business registration certificate or equivalent documents of the foreign trader have operational terms, these terms must remain valid for at least one year from the date of dossier submission;

- The operational content of the Representative Office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a member;

- If the operational content of the Representative Office does not match Vietnam's commitments or the foreign trader is not from countries, territories participating in such international treaties, the establishment of the Representative Office must be approved by the Minister, Head of Ministry-level agencies managing the specific sector (hereinafter collectively referred to as the Minister of the sector management ministry).