Requirements for grant of Licenses for Establishment of Vietnam-based representative offices and branch of a foreign trader

Requirements for grant of Licenses for Establishment of Vietnam-based representative offices in Vietnam

Vietnam-based representative office of a foreign trader means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law.

Pursuant to Article 7 of Decree 07/2016/ND-CP, foreign traders shall be granted Licenses for Establishment of representative offices if they satisfy the following requirements:

- The foreign trader is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;

- The foreign trader has come into operation for at least 01 year from the date of establishment or registration;

- The Certificate of Business Registration or the equivalent document is valid for at least 01 more year from the date of submission of the application;

- The scope of operation of the representative office is consistent with that in Vietnam’s Commitments to treaties to which Vietnam is a signatory;

- Where the scope of operation of the representative office is inconsistent with Vietnam’s Commitments or the foreign trader is not located in the country or territory being party to treaties to which Vietnam is a signatory, the representative office can be established only if relevant Ministers, Heads of ministerial agencies (hereinafter referred to as “relevant Ministers”) have given approval for establishment of the representative office.

Requirements for grant of Licenses for Establishment of Vietnam-based representative offices and branch of a foreign trader (Internet image)

Requirements for grant of Licenses for Establishment of Vietnam-based branch of a foreign trader

Vietnam-based branch of a foreign trader means a dependent unit of the foreign trader, which is established and conducts commercial activities in Vietnam under the provisions of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.

Pursuant to Article 8 of Decree 07/2016/ND-CP, foreign businesses shall be granted Licenses for Establishment of branches if they satisfy the following requirements:

- The foreign trader is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;

- The foreign trader has come into operation for at least 05 year from the date of establishment or registration;

- The Certificate of Business registration or equivalent document is valid for at least 01 more year from the date of submission of the application;

- The scope of operation of the branch is conformable with Vietnam’s Commitments to market access stipulated in treaties to which Vietnam is a signatory shall be consistent with lines of business of the foreign trader;

- Where the businesses of the representative office is inconsistent with Vietnam’s Commitments or the foreign trader is not located in one of countries or territories being parties to treaties to which Vietnam is a signatory, the representative office can be established only if they obtain a prior consent of the relevant Minister for establishment of the representative office.

Mai Thanh Loi

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