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Formation of document establishing the representative office of foreign company in Vietnam

Client’s inquiries:

Company status:

Our company is a one-member limited liability company with the owner being a Singaporean company with direct capital investment, the legal representative is a Vietnamese. The company’s head office is in Ho Chi Minh City.

Currently, our company is opening a representative office in Hanoi. We look forward to receiving support from your office.

We have prepared documents including: Notice of establishment of Representative Office (Signed by the legal representative who is the General Director), Decision on appointment of head of representative office (Signed by General Director) and Decision on establishment of representative office (Signed by Owner)

My question: Regarding the Decision to establish a representative office signed by the owner (a company in Singapore), should we use the original is sent by the Company from Singapore with the language of English, the title, the national language of Singapore, or our company uses the Vietnamese version, made at the head office in Ho Chi Minh, the title, the Vietnamese language in notarized translations?

Viet An Law answers:

According to the information you exchanged, Viet An Law would like to give you preliminary advice as follows:

Currently, Vietnamese law does not have regulations on this issue. Although your company is a one-member limited liability company with the owner being a company in Singapore investing capital directly, the company has a legal representative who is Vietnamese and has its head office in Ho Chi Minh City. Therefore, Viet An Law understands that your company is established in accordance with Vietnamese law, so it is a Vietnamese company with 100% foreign investment capital or a Vietnamese FDI company.

Based on that, in the course of operation, the company’s decisions must have the national motto of Vietnam, not Singapore. In addition, any documents that must be submitted to a state agency must have a Vietnamese version for government officials to understand. Thus, although there is no regulation, but when establishing a representative office, the company should make a bilingual decision for convenience and for the owner and the Department of Planning and Investment of Ho Chi Minh City to understand.

For your further information, kindly refer to the article Procedure to establish a representative office of FDI company in Vietnam of Viet An Law.

The above is the content of the advice of Viet An Law, if customers have any questions, please contact Viet An Law for specific advice!

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