How many branches is an enterprise allowed to establish under the law in Vietnam?

Hello, Lawnet would like to answer the following:

1. How many branches is an enterprise allowed to establish in Vietnam?

Pursuant to Clause 1, Article 44 and Clause 1, Article 45 of the Law on Enterprises 2020, a branch of an enterprise is prescribed as follows:

- 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.

- 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, the law does not limit the number of branches an enterprise can establish. Depending on the capacity and business needs, enterprises can register to establish branches with an appropriate number. In addition, businesses can choose to establish branches in Vietnam and abroad.

2. Documents and procedures for registration of branches and representative offices in Vietnam

Pursuant to the provisions of Article 31 of Decree 01/2021/ND-CP, the documents and procedures for registration of branches and representative offices in Vietnam are as follows:

Documents for registration of branches and representative offices

Application for registration of branch/representative office:

- 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.

- Decision to appoint the head of the branch

- A copy of the individual's legal papers for the head of the branch or representative office

+ For individuals with Vietnamese nationality: Identity card or passport;

+ For individuals with foreign nationality: Temporary residence registration certificate issued by competent Vietnamese authorities, Work permit and Passport;

- Some other documents (if necessary)

Procedures for registration of branches and representative offices in Vietnam

Step 1. Prepare documents for branch establishment

Step 2. Submit application

Enterprises send dossiers to the business registration office where they intend to establish a branch via one of the following two methods:

- Submit application directly to the Business Registration Office where the branch is located.

- Register your business via the electronic information network at the National Business Registration Portal (https://dangkykinhdoanh.gov.vn)

Step 3. Receive application

The application for branch establishment will be processed within 03 working days from the date of receipt of a valid application. If the application is unsatisfactory, the Business Registration Office shall notify the enterprise of the necessary revisions.

Step 4. Issue branch establishment certificate

After the application is submitted and accepted, the Business Registration Office will issue a Certificate of branch operation registration.

Step 5. Disclose information on the content of the registration for the establishment of a branch. The content to be announced includes the branch operation certificate and business line information.

The establishment of a branch in a foreign country shall comply with the provisions of the law of that country. Within 30 days from the date of the official establishment of a branch in a foreign country, the enterprise must notify in writing the Business Registration Office where the enterprise's head office is located. The notice must be enclosed with a copy of the branch operation registration certificate or an equivalent document.

The Business Registration Office shall update information about the enterprise's branch in the National Business Registration Database within 3 working days from the date of receipt of the notice.

Best regards!

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