What is the application for registration of branches and representative offices of enterprises in Vietnam?
- What is the application for registration of branches and representative offices of enterprises in Vietnam?
- What to do in case information in the enterprise registration certificate is inaccurate compared to that in the application for enterprise registration?
- What is the time limit for issuance of certificate of branch/representative office registration?
What is the application for registration of branches and representative offices of enterprises in Vietnam?
Pursuant to the provisions of Clause 1, Article 31 of Decree No. 01/2021/ND-CP on the application for registration of branches and representative offices of enterprises as follows:
Documents and procedures for registration of branches and representative offices, and notification of establishment of business locations
1. Application for registration of branch/representative office:
The enterprise shall send the application for registration of branch/representative office to the Business Registration Office of the province where the branch/representative office is situated. The application includes the following documents:
a) A notification of establishment of branch/representative office signed by the enterprise’s legal representative;
b) The copy of the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company; the copy of the resolution or decision of the owner of the single-member limited liability company on establishment of branch/representative office;
c) Copies of legal documents of the person who is the head of branch/representative office.
Thus, enterprises need to prepare the following documents to register for branches and representative offices of enterprises:
- A notification of establishment of branch/representative office signed by the enterprise’s legal representative;
- The copy of the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company; the copy of the resolution or decision of the owner of the single-member limited liability company on establishment of branch/representative office;
- Copies of legal documents of the person who is the head of branch/representative office.
What is the application for registration of branches and representative offices of enterprises in Vietnam?
What to do in case information in the enterprise registration certificate is inaccurate compared to that in the application for enterprise registration?
According to the provisions of Article 39 of Decree No. 01/2021/ND-CP on this content as follows:
Rectification of information in enterprise registration certificates, certificates of changes to enterprise registration information, certificates of branch/representative office registration, certificates of business location registration
1. In case an enterprise detects that information in its enterprise registration certificate is inaccurate compared to those in the application for enterprise registration, it shall send a written request for information rectification to the Business Registration Office of province where it is headquartered. The Business Registration Office shall re-issue the enterprise registration certificate within 03 working days from the receipt of the request from the enterprise if it contains accurate information.
2. In case the Business Registration Office detects the information in an enterprise registration certificate is inaccurate compared to that in the application for enterprise registration, it shall notify the relevant enterprise of information rectification and re-issue a new enterprise registration certificate to the enterprise within 03 working days from the date of notification.
3. Rectification of information in certificates of changes to enterprise registration information, certificates of branch/representative office registration, certificates of business location registration and enterprise registration information on the National Enterprise Registration Database shall comply with Clauses 1, 2 of this Article.
Thus:
- In case an enterprise detects that information in its enterprise registration certificate is inaccurate compared to those in the application for enterprise registration, it shall send a written request for information rectification to the Business Registration Office of province where it is headquartered.
The Business Registration Office shall re-issue the enterprise registration certificate within 03 working days from the receipt of the request from the enterprise if it contains accurate information.
- In case the Business Registration Office detects the information in an enterprise registration certificate is inaccurate compared to that in the application for enterprise registration, it shall notify the relevant enterprise of information rectification and re-issue a new enterprise registration certificate to the enterprise within 03 working days from the date of notification.
What is the time limit for issuance of certificate of branch/representative office registration?
According to the provisions of Clause 3, Article 31 of Decree No. 01/2021/ND-CP on this content as follows:
Documents and procedures for registration of branches and representative offices, and notification of establishment of business locations
…
3. Within 03 working days from the receipt of satisfactory application, the Business Registration Office shall issue the certificate of branch/representative office registration, and update information about the business location on the National Enterprise Registration Database. The Business Registration Office may issue a certificate of registration of business location to the enterprise at its request. If the application is unsatisfactory, the Business Registration Office shall notify the enterprise of necessary revisions.
Thus, within 03 working days from the receipt of satisfactory application, the Business Registration Office shall issue the certificate of branch/representative office registration.
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