Thứ Tư, 1 tháng 6, 2016

HOW FOREIGN ENTITY COULD SET-UP A BRANCH OFFICE IN VIETNAM

A foreign business entity or a foreign trader is allowed to set-up a branch in Vietnam to conduct business activities.

Having the right to conduct business activities and make profit are how a branch differs from a representative office in Vietnam.  A branch depends on the foreign business entity that set-up the branch while a foreign owned company set-up in Vietnam exists by itself.  The Vietnam Department of Industry and Trade will be approving the establishment of a branch in Vietnam while Vietnam Ministry of Planning and Investment will be the State agency that coordinate the setting up a company in Vietnam.

In particular, the branch of a foreign business entity in Vietnam (referred to as the “Branch”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its licence for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the Branch.
1. Rights of the Branch
  • To rent offices and to lease or purchase the equipment and facilities necessary for the operation of the branch.
  • To recruit Vietnamese and foreign employees to work for the branch in accordance with the law of Vietnam.
  • To enter into contracts in Vietnam in accordance with the activities stated in the license for establishment of such branch and in accordance with the Vietnam Law.
  • To open Vietnamese dong and foreign currency accounts at banks which are licensed to operate in Vietnam.
  • To remit profits abroad in accordance with the law of Vietnam.
  • To have a seal bearing the name of the branch in accordance with the law of Vietnam.
  • To conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
2. Requested conditions for establishment the Branch in Vietnam
A foreign company which has effectiveness business activities will be allowed to open the Branch in Vietnam if this company has real demand to open the market in Vietnam and meet some conditions as below:
  • Being a trader recognized by the law of the country where it has been lawfully established or made its business registration;
  • Having been operating for at least five years after its lawful establishment or business registration.
3. Issuance the Certificate of Branch:
The issuance of the Certificate of Branch will be implemented by the Department of Industry and Trade Department  after the foreign company meets all of conditions as Vietnam legal requirements.
The issuing period will be within 20 working-days after the date of submitting the full valid documents as requested.
At ANT Lawyers, a law firm in Vietnam with offices in law office Hanoi and Ho Chi Minh City, we are available to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company or other form of business entities in Vietnam. We could be reached at email:ant@antlawyers.vn or office tel: +848 35202779.

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