Is it necessary to submit legal documents of the person who is the head of branch to register for branch operation in Vietnam?
Is it necessary to submit legal documents of the person who is the head of branch to register for branch operation in Vietnam? Can enterprise establish business locations at places other than those where its branch is located in Vietnam?
Hello, my company has established a branch and has submitted an application for registration of branch to the competent authority for approval. Currently my company has not decided who will be the head of branch, but the application is returned with the reason that there is no legal documents of the person who is the head of branch. Can I ask if it is correct to take such a reason? Please advise.
1. Is it necessary to submit legal documents of the person who is the head of branch to register for branch operation in Vietnam?
Pursuant to Clause 1, Article 31 of Decree No. 01/2021/ND-CP stipulating application for registration of branch/representative office as follows:
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, when your company submits the application for registration of branch, there must be a copy of legal documents of the person who is the head of branch in Vietnam. Therefore, the reason given by the competent authority is in accordance with the law.
2. Can enterprise establish business locations at places other than those where its branch is located in Vietnam?
According to Clause 2 of Article 31 of Decree No. 01/2021/ND-CP, there are provisions as follows:
2. Notification of establishment of business location:
a) An enterprise may establish business locations at places other than those where it is headquartered or its branch is located;
b) Within 10 working days from the date of establishment of a business location, the enterprise shall send a notification thereof to the Business Registration Office of province where the business location is situated;
c) A notification of establishment of business location shall be signed by the enterprise’s legal representative if it is affiliated to the enterprise or by the branch’s head if it is affiliated to the branch.
According to this Article, it is possible to establish business locations at places other than those where its branch is located in Vietnam.
Best Regards!
