Issuance of license for establishment of representative office of foreign traders in Vietnam

• Step 1: Foreign traders prepare application files as requested by law and submit at the Dossier-receiving and Result-delivering Section – Department of Industry and Trade where the Representative Office is expected to be located.
• Step 2: Dossier-receiving and Result-delivering Section – Department of Industry and Trade receives the dossier and issues a Receipt.
• Step 3: Within 03 working days from the date of receipt of the dossier, Department of Industry and Trade shall request for amendments and supplements if the dossier is inadequate and invalid.

Within 07 working days from the date of receipt of complete and valid application, Department of Industry and Trade shall examine and issue License for establishment of Representative Office. In case of refusal, there must be a written reply clearly stating the reason.

Where the scope of operation of the Representative Office is inconsistent with Viet Nam’s Commitments or the foreign traders are not from a country or territory which has acceded to an International Treaty to which Viet Nam is a signatory or the establishment of the Representative Office has not been specified in specialized legal documents: Department of Industry and Trade shall send the dossier for consultation to the Relevant Ministers within 03 working days from the date of receipt of the complete and valid dossier. Within 05 working days from the date of receipt of the written request for consultation from the Licensing Agency, the Relevant Ministers shall issue a written approval or refusal of granting the License for establishment of the Representative Office. Within 05 working days from the date of receipt of the consultation from the Relevant Ministers, Department of Industry and Trade shall issue or not the License for Establishment of the Representative Office for the foreign traders. In case of refusal, a written reply must be provided with explanation.

• Step 4: Foreign traders come to receive the results at the Dossier-receiving and Result-delivering Section – Department of Industry and Trade on the appointment date stated on the receipt or can register for the service of receiving results by post.

1. An application form for License for establishment of the Representative Office (Form MĐ-1 Circular 11/2016/TT-BTC);
2. Copies of Enterprise Registration Certificate or equivalent documents of the foreign traders (certificated and legalized by overseas diplomatic mission and consular offices in accordance with Vietnamese Law);
3. A letter of appointment of the head of the Representative Office from the foreign traders
4. Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign traders in the last fiscal year issued or certified by competent authorities where such foreign traders are established;
5. Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the Representative Office;
6. Documents on the expected location of the Representative Office including:

• Copies of memorandum of understanding (MOU) or leasing agreements or copies of documents as proof of the right to use a location as the representative office;
• Copies of documents on the expected location of the Representative Office (in accordance with Article 28 of Decree 07/2016/ND-CP and relevant legal regulations);

Note: For documents in foreign languages: Foreign traders must make them be translated into Vietnamese and notarized according to the provisions of Vietnamese law; certified and legalized by overseas diplomatic missions and consular offices in accordance with Vietnamese Law.

Quantity: 01 set.

In case of sending for consultation to the Relevant Ministers: 05 working days from the date of receipt of the opinion from the Relevant Ministers.

• The foreign traders are incorporated and registered for doing business in accordance with provisions of laws of countries or territories which have acceded to an International Treaty to which Viet Nam is a signatory or are recognized by laws of the aforesaid countries or territories;
• The foreign traders have come into operation for at least 01 year from the date of establishment or registration;
• The Business Registration Certificate or the equivalent documents are valid for at least 01 year from the date of submission of the application;
• The scope of operation of the Representative Office is consistent with that in Viet Nam’s Commitments to International Treaty to which Viet Nam is a signatory;
• Where the scope of operation of the Representative Office is inconsistent with Viet Nam’s Commitments or the foreign trader is not from a country or territory which has acceded to an International Treaty to which Viet Nam is a signatory, the Representative Office can be established only if the Ministers, Heads of ministerial agencies have given approval for establishment of the Representative Office.

• Decree No. 07/2016/ND-CP dated 25/01/2016 of the Government detailing regulations of Commercial Law in terms of Representative Offices or branches of foreign traders in Viet Nam
• Circular No.11/2016/BCT dated 05/7/2016 of Ministry of Industry and Trade on forms for implementing Decree No. 07/2016/ND-CP dated January 25th, 2016 of the Government detailing regulations of Commercial Law in terms of Representative Offices or branches of foreign traders in Viet Nam;
• Circular 143/2016/TT-BTC dated 26/09/2016 of the Ministry of Finance on the rates and regime of fees collection and remittance for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Viet Nam.