DOCUMENTS, PROCEDURES AND PROCEDURES FOR REGISTRATION OF REPRESENTATIVE OFFICE ACTIVITIES DOCUMENT COMPONENTS Enterprises prepare 01 set of documents as prescribed in [...]
DOCUMENTS AND PROCEDURES FOR REGISTRATION OF ACTIVITIES
REPRESENTATIVE OFFICE
The enterprise prepares 01 set of documents according to the provisions of Enterprise Law No. 59/2020/QH14 dated June 17, 2020; Clause 1, Article 31 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government, the form is prescribed in Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Ministry of Planning and Investment, specifically:
| 1 | Notification of establishment of representative office by representative according to the form in Appendix II-7 Circular No. 01/2021/TT-BKHDT dated March 16, 2021 | Appendix II-7 |
| 2 | Copy of the resolution and decision of the owner of the company for a one-member limited liability company on the establishment of a representative office
(Reference form of the Business Registration Office) |
Decision to change LLC |
| Copies of resolutions, decisions and copies of meeting minutes of the Board of Members for limited liability companies with two or more members, partnerships, of the Board of Directors for joint stock companies on the establishment of representative offices
(Reference form of the Business Registration Office) |
Minutes of changes to LLC-2TV LLC | |
| 3 | Copies of personal legal documents for the head of the representative office |
* The establishment of a representative office of an enterprise in a foreign country is carried out in accordance with the law of that country. Within 30 days from the date of officially establishing a representative office abroad, the enterprise must notify in writing (according to the form in Appendix II-8 of Circular No. 01/2021/TT-BKHDT dated March 16, 2021) to the Business Registration Office where the enterprise is headquartered. The notice must be accompanied by a copy of the representative office operation registration certificate or equivalent document. The Business Registration Office updates information about the enterprise's representative office in the National Business Registration Database within 03 working days from the date of receipt of the notice.
* Individual legal documents (specified in Article 11 of Decree No. 01/2021/ND-CP):
– Vietnamese citizens: Identity card/Citizen identification card., valid passport
– Foreigners: Valid passport
* Documents in foreign languages must be accompanied by notarized Vietnamese translations (stipulated in Article 10 of Decree No. 01/2021/ND-CP)
* In case the person competent to sign the representative office operation registration document authorizes another organization or individual to carry out the procedure (specified in Article 12 of Decree No. 01/2021/ND-CP), the application must be submitted with:
– Copy of legal documents of the individual authorized person
– Authorization document for an individual to carry out procedures related to registration of representative office operations (notarization or authentication is not required).
– Copy of the service provision contract with the service organization performing procedures related to registration of representative office operations.
– Referral letter from that organization to the individual directly carrying out procedures related to registration of representative office operations and a copy of the individual's legal documents for the referred person.
Step 1: Prepare documents according to regulations
Step 2: Submit application
To effectively apply the Government's regulations on carrying out administrative procedures in the electronic environment in Decree No. 45/2020/ND-CP dated April 8, 2020, as well as create further conditions for people and businesses, increase transparency in handling administrative procedures, save costs and time for both people, businesses and business registration agencies, Business Registration Office Encourage people and businesses to carry out business registration procedures in the electronic network environment.
Enterprises submit documents to register representative office operations at the Business Registration Office where the representative office is located.
– Submitting documents online: Competent person or authorized person uses Public Digital Signature or Business Registration Account to register a business electronically (stipulated in Article 42 of Decree No. 01/2021/ND-CP).
See instructions and follow instructions https://dangkyquamang.dkkd.gov.vn/
– When receiving dossiers, the Business Registration Office is responsible for reviewing and sending notices via electronic network to the enterprise to request amendments and supplements to the dossiers in case the dossiers are not valid. When the application is eligible for issuance of a Representative Office Operation Registration Certificate, the Business Registration Office sends information to the tax authority to create a representative office code. After receiving the representative office code from the tax authority, the Business Registration Office electronically notifies the enterprise about the issuance of the Representative Office Operation Registration Certificate.
Step 3: Get results
After receiving notice of issuance of the Certificate of registration of representative office operations via electronic network, the legal representative of the enterprise or authorized person receives the results.
– In case of receiving results directly: The legal representative of the business or an authorized person receives the results at the Department receiving documents and returning business registration results at the Hai Phong Department of Finance, No. 1 Dinh Tien Hoang, Minh Khai ward, Hong Bang district.
(When coming to receive results, the business founder or authorized person brings personal legal documents or notarized copies of personal legal documents)
– In case of receiving results via public postal service: To receive results via public postal service, the applicant must attach a Request to receive results via public postal service when submitting the application electronically. The Business Registration Office will return the results to the recipient at the address stated in the Request to Receive Results via Public Postal Service.
* Fees:
– 50,000 business registration fee (Exemption from business registration fee in case of online business registration)
Procedures
