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How Foreign Entity Could Set-up Representative Office in Vietnam | ANT Consulting
A foreign business entity or a foreign trader is allowed to establish Representative Office in Vietnam according to the Commercial Law.
Representative
office of a foreign business entity in Vietnam (referred as “Representative
Office”) means a subsidiary unit of the foreign business entity, established in
accordance with the law of Vietnam in order to survey markets and to undertake
a number of commercial enhancement activities permitted by the law of Vietnam.
Representative Office will need to apply and obtain the establishment
license; and have a seal bearing the name of the representative office.
Setting up a
Representative Office is less complicated than setting up a company in Vietnam. The
Vietnam Department of Trade will be approving the establishment of
Representative Office in Vietnam while Vietnam Ministry of Planning and
Investment will be the State agency that coordinate the setting up a company in
Vietnam. The time duration to establish a Representative Office is
shorter than to establish a company. There are fewer conditions to meet
than conditions in setting up company in Vietnam. The main difference
between a Representative Office and a company in Vietnam is that the
Representative Office could not directly conduct profit making activities.
Rights of the Representative Office:
- To operate
strictly in accordance with the purposes, scope and duration stated in the
license for establishment of such representative office;
- To rent
offices and to lease or purchase the equipment and facilities necessary
for the operation of the Representative Office;
- To recruit
Vietnamese and foreign employees to work for the Representative Office in
accordance with the law of Vietnam;
- To open
accounts in foreign currency and in Vietnamese Dong sourced from foreign
currency at banks which are licensed to operate in Vietnam, and to use
such accounts solely for the operation of the Representative Office.
Obligation of the Representative Office:
- Not to
directly conduct profit making activities in Vietnam;
- Not to enter
into commercial contracts of the foreign business entity or to amend or
supplement such contracts already signed except where the head of the
Representative Office has a valid power of attorney from the foreign
business entity;
- To pay
taxes, fees and charges and to discharge other financial obligations in
accordance with the law of Vietnam;
- To report on
the operation of the Representative Office in accordance with the law of
Vietnam
A foreign company
which has effectiveness business activities will be allowed to open the
Representative Office in Vietnam if this company has real demand to open the
market in Vietnam and meet conditions as below:
- Being a
business entity or trader recognized by the law of the country or the
territory (hereinafter referred to collectively as the country) where it
has been lawfully established or made its business registration;
- Having been
operating for at least one year after its lawful establishment or business
registration in its country.
The issuing period
will be within 20 working-days after the date of submitting the full valid
documents as requested.
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Czech Republic Wants to Promote Investment Cooperation with Vietnam | ANT Consulting
The traditional friendship and
multifaceted cooperation between Vietnam and the Czech Republic have been
constantly being promoted and promoted by the two countries’ people. Today
Vietnam is still a familiar destination for Czech businesses to set up
business in Vietnam.
At the
Czech-Vietnamese Business Conference recently held in Hanoi, Deputy Minister of
Industry and Trade of the Czech Republic – Mr Vladimir Bartl said that Vietnam
is increasingly attracting investment from abroad, including the Czech
Republic. The Czech Republic wishes to promote cooperation and investment
between the two countries’ businesses in the areas such as environmental
protection, mining technology, construction technology, chemicals,
telecommunications, radar, industrial machinery and agriculture, especially
biotechnology and nanotechnology.
On the Vietnamese
side, the Vice President of the Vietnam Chamber of Commerce and Industry (VCCI)
said that the economic and trade development between the two countries is based
on three main features.
First, in terms of
bilateral relations, trade exchange between the two countries have a stable
growth and strong development. The potential investment cooperation areas
between the Czech Republic and Vietnam are agricultural products, textiles,
machinery and equipment, hospital medical equipment, energy and information
technology.
Second is
multilateral relations, Vietnam is now an important gateway to trade in ASEAN,
the market with over 600 million people. The Czech businesses will have to
prepare investment plans, not only with the Vietnam market with more than 90
million consumers but also to deepen access to the ASEAN market.
Meanwhile, the
Czech Republic is the gateway for goods to enter the European Union (EU).
Especially when the EU – Vietnam Free Trade Agreement (EVFTA) comes into
effect, it will facilitate Vietnamese products entering the European market.