Registration of the operation of the branch, representative office (for private companies, limited liability companies, joint stock companies, partnerships)

a) Implementation order:                                                                                                                

·      When registering the operation of branch, representative office, the company must send a Notice on establishment of the branch, representative office to the Business registration office where registering the branch, representative office.

The Notice must be accompanied by the documents referred to in the documents.

·      Upon receiving valid documents of the company, Business registration office enter information into the National information system on enterprise registration to request the branch code and representative office. Within 03 working days from the date of receipt of a valid documents, Business registration office issues the Operation registration certificate the branch, representative office in the National Database on enterprise registration to the company.

·      In case the company establishes the branch, representative office at the provinces, cities other than the location where the company registered the head office, the Business registration office where the branch, representative office registered the head office send the information to the Business registration office where the company registered the head office.

·      In case the company establishes the branch, representative office abroad, comply with the provisions of laws of that country. Within 30 working days from the date of officially establishing the branch, representative office abroad, the company must send a Notice on establishment of the branch, representative office abroad to the Business registration office where the company registered in (Annex II-12, Circular No. 20/2015/TT-BKHDT). The Notice must be accompanied by a valid copy of the Operation registration certificate of the branch, representative office or equivalent documents to supplement information about the branch, representative office of the company in the National database on enterprise registration.

b) Implementation method: The legal representative directly submits the Notice on the operation registration of the branch, representative office/establishment of business location to the Business registration office where the company registered its head office or via electronic network according to the procedures on the National Information Portal on enterprise registration.

c) Documents, including:

·      Notice on the operation registration of the branch, representative office/ establishment of business location (Annex II-11, Circular No. 20/2015/TT-BKHDT);

·      Decision and valid copy of meeting record of the Board of Members for limited liability companies with more than two members, of the owner of the company or the Board of Members or the President of the company for One member limited liability companies, of the Board of Directors for joint stock companies, of general partners of the partnership on establishment of the branch, representative office;

·      A valid copy of Decision on appointment of the head of the branch, representative office;

·      A valid copy of one of the personal identification papers specified in Article 10 of Decree No. 78/2015/ND-CP of the head of the branch, representative office.

·      In case the company establishes the branch, representative office abroad, documents include:

-    Notice on the establishment of the branch, representative office abroad (Annex II-12, Circular No. 20/2015/TT-BKHDT).

-    A valid copy of Operation registration certificate of the branch, representative office or equivalent documents.

d) Number of documents: 01 set.

đ) Time limit for settlement: Within 03 (three) working days, after receipt of full valid documents.

e) Implementing agency: Business registration office – Department of Planning and Investment.

g) Subjects of administrative procedures: Individuals, organizations.

h) Results of administrative procedures: Operation registration certificate the branch/representative office/Notice on amending and supplementing enterprise registration documents.

i) Fees: VND 100,000 (Circular No. 176/2012/TT-BTC) (Payment at time of registration).

k) Name of form, declaration:

·    Notice on the operation registration of the branch, representative office/establishment of business location (Annex II-11, Circular No. 20/2015/TT-BKHDT);

·       Notice on the the establishment of the branch, representative office abroad (Annex II-12, Circular No. 20/2015/TT-BKHDT).

l) Requirements and conditions for procedure implementation: Defined in Article 46 of the Enterprise Law and Article 33 of Decree No. 78/2015/ND-CP.

m) Legal basis of administrative procedures:

·      The Enterprise Law of the Assembly of the Socialist Republic of Vietnam No. 68/2014/QH13 dated 26/11/2014 (The Enterprise Law);

·      Decree No. 78/2015/ND-CP dated 14/9/2015 of the Government on enterprise registration (Decree No. 78/2015/ND-CP);

·      Circular No. 20/2015/TT-BKHDT dated 01/12/2015 of the Ministry of Planning and Investment guiding the enterprise registration (Circular No. 20/2015/TT-BKHDT);

·      Circular No. 176/2012/TT-BTC dated 23/10/2012 of the Ministry of Finance providing for the collection level, collection regime, payment, management and use of fees of enterprise registration, business household registration and enterprise information supply fee  (Circular No. 176/2012/TT-BTC);