WHAT IS THE DIFFERENCE BETWEEN A REPRESENTATIVE OFFICE OF A VIETNAMESE COMPANY AND A REPRESENTATIVE OFFICE OF A FOREIGN COMPANY?

Authorized representative for the interests of the business while protecting those interests

(Clause 2, Article 44 of the Enterprise Law 2020)

Understand the market, promote business investment opportunities

(Clause 6, Article 3 of the 2005 Commercial Law)

Basically, no conditions are needed, just need to meet some regulations on names (according to Article 40 of the Enterprise Law)

Foreign companies must be established and registered for business according to the regulations of the national laws, territories participating in international treaties of which Vietnam is a member, or recognized by the laws of these countries or territories.

They must have been operating for at least 01 years, counting from the date of establishment/registration.

In case the Business Registration Certificate (or equivalent document) indicates a period of operation, that period must be at least 01 years from the date of submission of the application.

The activities of the representative office must be in line with Vietnam's commitments in international treaties of which Vietnam is a member. If they do not comply with Vietnam's commitments or if the foreign company is not from a country or territory participating in international treaties of which Vietnam is a member, the establishment of the representative office must be approved by the Minister, the Head of the equivalent management agency. (Article 7 Decree 07/2016/ND-CP)

Notice of establishment;

Certified copies of resolutions, decisions, meeting minutes of the Board of Members for limited liability companies with two or more members, joint-stock partnerships, of the Board of Directors for joint-stock companies; certified copies of resolutions, decisions of the company owner regarding the establishment of branches, representative offices for single-member limited liability companies;

Certified copy of the appointment decision of the head of the representative office;

Certified copy of personal identification documents of the head of the representative office.

(Article 31, Clause 1, Decree No. 01/2021/ND-CP)

Application for issuance of a license to establish a representative office;

Certified copy of the business registration certificate or equivalent document;

Document appointing the head of the representative office;

Certified copy of audited financial statements/document confirming tax/financial obligations for the most recent fiscal year/equivalent document;

Certified copy of passport/ID card (for Vietnamese citizens) or certified copy of passport (for foreigners) of the head of the representative office;

Documentation regarding the intended location of the office.

Among these, some documents must be translated into Vietnamese and legalized or consularized.

(Article 10, Decree No. 07/2016/ND-CP)