Recently, the Government of Vietnam has issued the Decree No. 01/2021/NĐ-CP on enterprise registration.
According to Article 31 of the Decree No. 01/2021/NĐ-CP of the Vietnam Government, 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 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 the branch/representative office.
Moreover, an enterprise may establish business locations at places other than those where it is headquartered or its branch is located. 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 the province where the business location is situated. 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.
Note: 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.
Establishment of overseas branches/representative offices shall comply with the law of the host country. Within 30 working days from the official establishment date of an overseas branch/representative office, the enterprise must send a written notification thereof to the Business Registration Office of province where it is headquartered. This notification must be accompanied by the copy of the certificate of registration of the branch/representative office or another document of equivalent validity. The Business Registration Office shall update information about the branch/representative office on the National Enterprise Registration Database within 03 working days from the receipt of the notification.
More details at the Decree No. 01/2021/NĐ-CP of the Vietnam Government effective from January 04, 2021.
Le Vy
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |