Establishing representative offices for Enterprise in Vietnam

Consulting the procedures for establishing representative offices:

Legal document: items 2, article 46, Enterprise Law on 2014.

Representative office registration documents

The enterprise send the operation registration  of the representative office to the competent business registration office in the locality where the enterprise places  representative office, includes:

• Notice of establishment of representative offices;
• Copy of the decision of establishment and a copy of the meeting minutes about establishing representative offices;
• Copy of ID card, passport or other personal identification of the head of representative offices.

Period of review: 03 days from the date of receipt of the notice
Enterprises shall register for the establishment of  representative offices on the national enterprise registration portal.

The following to the Enterprise Law, after the company submits the dossier for registration of representative office, within 5 working days, if the dossier is complete and valid, the enterprise shall be granted the certificate.

Cost to register a representative office established: the decree no 04/2018/NQ – HĐND regulates when establishing representative offices.

Consulting the related conditions for the establishing representative offices:

Representative offices’name: The name of the representative office must be in the form of letters in the Vietnamese alphabet: letters F, J, Z, W, digits and symbols. The name of the representative office shall include the name of the enterprise and the phrase “representative office”.

About headquater of the representative offices:  not be aparment/ community house .

Regarding the types of charges and fees

First, Tax obligations for representative office: Based on the Decree no  139/2016/TT-BTC, Representative offices only receive money  from Hotel for the activities of representative office and trade promotion, not doing business, not proceed to income and expenses so not pay license tax.

Based on article 16, the Circular no 156/2013/NĐ-CP, Representative offices must submit monthly (quarterly) tax declaration dossiers for arising or payable tax amounts of representative offices. Employees of the representative offices receive the salary but paid by the company, thus, its submit the declaration of personal income with the company.

Besides, operating costs:

The enterprise is responsible for the financial obligations arising from the operation of the representative office. The accounting of the representative office is dependent on the Hotel…Sapa.