What is the application form to establish a branch in Vietnam? Can an enterprise establish more than one branch or representative office in an administrative division?
What are the functions of branches and representative offices in Vietnam?
Pursuant to Clauses 1 and 2, Article 44 of the Law on Enterprise 2020 stipulates as follows:
“Article 44. Branches, representative offices and business locations of an enterprise
1. A branch of an enterprise is its dependent unit which has some or all functions of the enterprise, including authorized representative. The business lines of a branch shall match those of the enterprise.
2. A representative office of an enterprise is its dependent unit which acts as the enterprise’s authorized representative, represents and protect the enterprise’s interests. A representative office shall not do business.”
Accordingly, branches and representative offices are both dependent units of the enterprise.
The branch will have the function of an authorized representative, responsible for performing all or part of the functions of the enterprise.
A representative office has the duty of representing by proxy for the interests of the enterprise and protecting those interests, but a representative office has no business function.
What is the application form to establish a branch in Vietnam? Can an enterprise establish more than one branch or representative office in the an administrative division?
Can an enterprise establish more than one branch or representative office in the an administrative division in Vietnam?
Pursuant to Clause 1, Article 45 of the Law on Enterprise 2020 as follows:
“Article 45. Registration of branches and representative offices; notification of business location
1. An enterprise may establish branches and representative offices in Vietnam and other countries. An enterprise may have more than one branch and representative office in an administrative division.”
Thus, an enterprise can set up one or more branches and representative offices in a locality according to the administrative division boundaries.
What is the application form to establish a branch in Vietnam?
An application for establishment of a branch is specified in Appendix II-7 issued together with Circular 01/2021/TT-BKHDT as follows:
Download the latest application form for establishment of a branch or representative office: Here.
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