Recently, the Government of Vietnam has just issued the Decree No. 01/2021/NĐ-CP on enterprise registration. This Decree gives detailed guidelines on documents and procedures for registration of branches and representative offices in Vietnam.
Article table of contents
According to Article 31 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, documents and procedures for registration of branches and representative offices are prescribed as following:
(1) Preparation for documents for registration of branches and representative offices
The application includes the following documents:
- A notification of establishment of branch/representative office signed by the enterprise’s legal representative; (Appendix II-11 attached to the Decree No. 122/2020/NĐ-CP)
- 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. To be specific, personal legal documents included in application for enterprise registration are as follows:
- For a Vietnamese citizen: unexpired citizen identity card or ID card or Vietnamese passport;
- For a foreigner: unexpired foreign passport or an equivalent document.
Previously, according to the Decree No. 78/2015/NĐ-CP of the Government of Vietnam, the application for registration of branch/representative office must have a legitimate copy of the decision to appoint the head of the branch/representative office. However, from January 04, 2021, a legitimate copy of the decision to appoint the head of the branch/representative office is not required for the application for registration of branch/representative office.
(2) 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. (Note: Enterprises shall submit dossiers online according to the process on the National Business Registration Portal (https://dangkykinhdoanh.gov.vn))
(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.
Besides, the 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 the 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.
Ty Na
- Key word:
- Decree No. 01/2021/NĐ-CP
