|Procedure ||Issuing establishment permit of Viet Nam-based representative offices of foreign business operating in industrial zones in Ha Noi (the first time). |
|Process || |
- Step 1: Enterprise prepares dossier according to regulation and submits dossier to the One-Stop-Shop (OSS).
- Step 2: OSS receives the dossier and checks the validity and completion of the dossiers. If the dossier is complete and valid, the enterprise receives Reply Coupon with written date of the result returning. If dossier is not completed or invalid, the enterprise shall be guided to complete the dossier according to the law.
- Step 3: The Ha Noi Industrial and Export Processing Zone Management Board sends the valid dossier to specialized management ministries to get feedbacks in case the establishment of the representative office has not been defined in specialized legal documents.
- Step 4: Enterprise receives the permit at the One-Stop-Shop.
|Where to submit ||Dossier may be submitted in person or sent by post to OSS section – Ha Noi Industrial and Export Processing Zone Management Board (CC02 Building, Mo Lao Urban Area, Mo Lao, Ha Dong, Ha Noi). |
|Contents and number of the dossier || |
a. Components of dossier:
1/ An application for issuance of the representative office establishment permit, made according to a form set by the Ministry of Industry and Trade and signed by the foreign businessperson's competent representative;
2/ Copies of the foreign businessperson's business registration or papers of equivalent value certified by the competent authority of the locality where the foreign business has been established. In case, an operation duration for the foreign businessperson is specified in business registration or papers of equivalent value, such operation duration must remain valid for at least one year;
3/ A documents of foreign trader to nominate/appoint the head of the representative office;
4/ A copy of audited financial statement or document proving the the implementation of tax or financial obligations in in the latest fiscal year or documents of equivalent value proving the actual existence and operation of the foreign businessperson in the latest fiscal year issued by the competent authority of the locality where the foreign businessperson has been established;
5/ A copy of passport or National identity card or Citizen identification card (for Vietnamese) or a copy of passport (for foreign people) of the head of representative office;
6/ Documents on the planned location of representative office, including:
- A copy of memorandum of understanding or rental contract of the location of the representative office or documents proving the trader has the right to exploit and use the location of the representative office;
- A copy of documents on the planned location of representative office as stipulated in Article 28 of this Decree and relevant law provisions.
Note: Documents stipulated in Points 2, 3, 4 and 5 (for case of head of the representative office is a foreigner) must be translated into Vietnamese and certified according to the provisions of Vietnamese law. Documents stipulated in Point 2 must be certified or consularly legalized by Viet Nam's foreign-based diplomatic missions or consular offices according to the provisions of Vietnamese law.
b) Number of the dossier: 01 (one) set.
|Processing duration ||Within seven days after receiving complete and valid dossiers. If the dossier is invalid, the permit-granting agencies shall, within three working days after receiving such dossiers, notify such in writing to foreign businesspersons so that the latter can supplement and complete the dossiers. Within 13 working days in case the establishment of the representative office has not been defined in specialized legal documents (including the time getting the feedbacks of the specialized management ministry). |
|Objects ||Foreign trader establishes representative office located in Industrial parks, Export processing zones, high-tech park in Ha Noi. |
|Competent agency ||Hà Nội Industrial and Export Processing Zone Management Board |
|Outcome ||Representative office establishment permit |
|Fee ||VND3,000,000. |
|Form/Declaration || |
Application for issuance of representative office establishment permit, Form MD-1, Circular No. 11/2016/TT-BTM dated July 5, 2016 of Ministry of Industry and Trade.
|Other requirements ||To establish a representative office, the foreign trader only needs to meet the following conditions: 1/ It is established and registered in accordance with the laws of territories and nations being members to international treaties to which Viet Nam is also a member, or having been recognized by such territories and national laws; 2/ Having operated for at least one year from the date of establishment or registration; 3/ The remaining operation term must be at least one year from the date of submission of the application for a Certificate of Establishment of a Representative Office; 4/ The operational contents of foreign representative offices must comply with Viet Nam’s commitments in international treaties to which Viet Nam is a signatory; 5/ In case operational contents of representative offices do not comply with Viet Nam’s commitments or foreign traders do not belong to the countries and territories participating in the international treaties with Viet Nam as a member, establishment of representative offices must be approved by the Minister or Head of the ministry-level specialized management agency. |
|Legal basis || |
- Decree No. 29/2008/ND-CP dated March 14, 2009 of the Government regulating about industrial parks, export processing zones and economic zones.
- Decree No. 164/2013/ND-CP dated December 11, 2013 of the Government supplementing the Decree No. 29/2008/ND-CP dated March 14, 2009 of the Government regulating about industrial parks, export processing zones and economic zones.
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law regarding Viet Nam-based representative offices and branches of foreign traders.
- Circular No. 11/2016 / TT-BTC dated July 5, 2016 of the Ministry of Industry and Trade.
- Circular No. 133/2012/TT-BTC dated August 13, 2012 of the Ministry of Finance on the collection, remittance and management of fees for licensing representative offices of foreign traders in Viet Nam.
- Decision No. 63/2009 / QD-UBND dated April 27, 2009 of the Ha Noi People's Committee on defining the functions, tasks, authority and organizational structure of the Ha Noi Industrial and Export Processing Zone Management Board.