Set up a company in Vietnam for translation service

Translation services are growing faster and faster with the integration and globalization of businesses in Vietnam. Translation helps businesses optimize communication, and negotiation and support administrative procedures for subjects with foreign elements more effectively. To establish this service business company, the business entity also needs to meet several legal conditions. In the article below, Viet An Law will inform you about the conditions to set up a company in Vietnam for translation service according to current regulations.

Legal basis

• Law on Investment 2020;
• Law on Enterprise 2020;
• Decree 01/2021/ND-CP on business registration;
• Decree 23/2015/ND-CP on issuing copies from master books, certifying copies from originals, certifying signatures and certifying contracts and transactions;
• Circular 01/2020/TT-BTP guiding Decree 23/2015/ND-CP.

Market access conditions for foreign investors

Interpretation and translation services (CPC 879) are currently not committed to Vietnam’s Service Commitments Schedule within the WTO framework. However, within the framework of CPTPP commitments, Vietnam currently does not impose any restrictions on this group of services, so it can be understood that foreign investors from CPTPP member countries can access the market of translation business in Vietnam.

However, the procedure for applying for an investment registration certificate will require steps to seek opinions from relevant ministries. In addition, foreign investors need to meet the same business conditions as domestic investors, especially conditions regarding translation personnel.

Conditions to set up a company in Vietnam for translation service

The translation service business is an unconditional business under the Investment Law 2020. However, to establish a translation company, it still needs to meet some of the following requirements:

Standards and conditions of translators

Under Decree 23/2015/ND-CP, translators shall satisfied the following conditions:

• Have full civil act capacity according to the provisions of law
• Qualification requirements: have a bachelor’s degree or higher in a foreign language or a university diploma or higher in the foreign language that needs to be translated.
• For uncommon languages where the translator does not have a bachelor’s degree in a foreign language or a university diploma as prescribed in this Clause, he must be fluent in the language to be translated. Popular language is understood as the language expressed on many papers and documents used in Vietnam and many Vietnamese people can translate this language into Vietnamese or vice versa. For example: English, French, German, Russian, Chinese, Korean, Japanese, and Spanish.

According to the guidance of Circular 01/2020/TT-BTP, an example of this regulation can be taken as follows:

For example: Mr. X holds a master’s degree in International Law in China, and the program is in Chinese, so Mr. X is qualified to translate Chinese. Mr. Y holds a bachelor’s degree in economics from Japan but the program is in English, so Mr. Y is qualified to translate English.

Furthermore, according to the instructions in the above circular, an unpopular language is a language that is rarely shown on papers and documents used in Vietnam and few people can translate this language into Vietnamese or vice versa.

For example: Mongolian, Indian.

Conditions for certifying the translator’s signature

In private translation service businesses, to legalize translations through certification procedures, the translator must be recognized as a collaborator of the Justice Department according to the department’s list of translation collaborators. approved by the Department of Justice based on evaluating standards and conditions according to regulations. This list is publicly posted at the headquarters of the Justice Department to create favorable conditions for certified requesters in contacting translators and is reviewed annually for conditions and standards of collaborators.

Conditions to become a collaborator of the Justice Department are specified as follows:

• People who meet the qualifications and conditions of translators listed above can work as translation collaborators for the Justice Department nationwide. When making a list, translation collaborators must submit a resume including information about full name; date of birth; place of birth; ID card or citizen identification card or passport; residence; documents proving language proficiency or commitment to proficiency in an uncommon language.
• Must sign a translation collaborator contract with the Justice Department, which clearly defines the translator’s responsibilities for the content and quality of the translation.
• Must register sample signatures at the Justice Department by submitting a written request for sample signature registration and directly signing in front of the Head of the Justice Department 03 (three) sample signatures in the written request for sample signature registration. In case you want to change the signature, the collaborator must submit a written request to re-register the sample signature and sign 03 (three) signatures in the Request for Sample Signature Registration.

Thus, in addition to meeting the regulations on professional qualifications, translators in business establishments that translate documents to have the legality of the translations recognized, such personnel must be listed in the list of translation collaborators of the Department of Justice where that business is headquartered. If not on this list, translators who meet the conditions can only translate documents and papers for personal purposes and if there is a request to certify the signature on the translation, they must present the specific documents as required by Clause 2, Article 31 of Decree 23/2015/ND-CP.

Scope of translation activities

Translators need to note several documents and documents that cannot be translated to authenticate the translator’s signature:

• Papers and documents have been erased or corrected; add or remove invalid content;
• Papers and documents are damaged or old and the content cannot be determined;
• Papers and documents with a confidential seal from a competent agency or organization or without a seal are lost but clearly state that they cannot be translated;
• Papers and documents with content contrary to law and social ethics; Propaganda and incitement to war against socialist Vietnam; distorting the history of the Vietnamese people; insulting the honor, dignity, and reputation of individuals and organizations, and violating civil rights.
• Papers and documents notarized or certified by competent foreign agencies and organizations that have not been consularly legalized.

Procedures for establishing a translation service company

To establish a translation company, customers must first prepare documents to complete the “legal birth” procedures for the translation company. Establishing a translation company does not require specific conditions but only needs to meet the requirements according to regulations on business establishment, so the application documents are similar to establishing another normal company.

Step 1: Apply for Investment Certificate (this step only applies to foreign investors)

Investors submit documents to the Department of Planning and Investment which they plan to establish.

Step 2: Apply for an Enterprise Registration Certificate

Company registration documents include:

• Application for a company registration license;
• Company charters;
• List of shareholders or members of the company;
• Copy of ID card/Citizen identification card/Passport if an individual and business registration license, establishment decision, or equivalent documents if an organization;
• Decision on capital contribution for company members and corporate shareholders who are organizations;
• Power of Attorney for Viet An Law to carry out the procedure.

Submit the company registration application to the Department of Planning and Investment where the business is headquartered. After submitting the company registration application, the enterprise must engrave the seal decide on the type of seal, form, and number of seals.

The business registration agency will respond to the results within 03 working days from the date of receipt of the application.

• In case the dossier is not valid, the agency will issue a written response clearly stating the reason and instructing the enterprise to edit and supplement the dossier.
• If the application is valid, the agency will issue an event organization enterprise registration certificate to the enterprise.

Step 3: Carry out post-establishment procedures

• Making company signs;
• Open a bank account;
• Declare and pay license tax, VAT, register for electronic tax payment;
• Buy digital signature.
• Notice of invoice issuance and electronic invoice registration;

Some famous translation companies in Vietnam

• Mai Sang Company Limited, Lane 20 Dai La, Truong Dinh, Hai Ba Trung, Hanoi.
• Tay Ho Translation Company, 165 Giang Vo, Cat Linh Ward, Dong Da District, Hanoi.
• PTI Professional Translation Company Limited, 172 Nguyen Trai, Thanh Xuan Nam, Thanh Xuan, Hanoi.
• BIGBEN Hanoi Translation Company, number 19, lane 84/4, Yen Hoa Street, Group 16, Yen Hoa Ward, Cau Giay District, Hanoi.
• Dai Viet Consulting and Translation Company Limited, house number 20, alley 298/137/55, lane 21, Tuu Liet street, Tam Hiep Commune, Thanh Tri District, Hanoi

Company establishment services of Viet An Law

• Consulting on conditions and procedures to set up a company in Vietnam for translation service;
• Drafting documents to establish a translation service company according to current regulations;
• Representing customers to carry out business establishment procedures at competent state agencies;
• Regular consultation for businesses after operations.

If you have any difficulties or problems, please contact Viet An Law Firm for the fastest advice and support!