Establishing a representative office of a Chinese-invested company in Vietnam

Representative offices of Chinese-invested companies are typically subject to the laws and regulations of the country or territory in which they operate. They may have specific commercial objectives such as marketing products or services, seeking investment opportunities, or managing business projects. In this article, let’s join Siglaw in exploring the detailed process of establishing a representative office for a Chinese-invested company in Vietnam.

What is a representative office of a Chinese-invested company?

A representative office of a Chinese-invested company is a subsidiary unit of a Chinese-invested company in Vietnam, established to support the parent company. It is often used to conduct business activities, marketing, or project management within the country or region.

These representative offices are often established as part of a Chinese company’s expansion or globalization strategy to leverage international market opportunities.

According to Clause 2, Article 44 of Vietnam’s Enterprise Law 2020, a representative office is a dependent unit of an enterprise, authorized to represent and protect the interests of the enterprise. A representative office is not permitted to engage in business activities.

Documents required for establishing a representative office of a Chinese-invested company in Vietnam

The required documentation is relatively simple. The company only needs to prepare the following:

• A notification of establishment of a representative office signed by the legal representative of the Chinese-invested company;
• Depending on the legal form of the Chinese-invested company, the following internal documents must be attached:
• For a one-member limited liability company: A decision of the shareholder on the establishment of a representative office.
• For a partnership or a limited liability company with two or more members: A resolution/decision and a copy of the meeting minutes of the board of members on the establishment of a representative office.
• For a joint-stock company: A resolution/decision of the general meeting of shareholders and a copy of the meeting minutes of the general meeting of shareholders on the establishment of a representative office.
• A certified copy of the identification document (ID Card/Passport) of the head of the representative office;
• A power of attorney if the Chinese-invested company uses Siglaw’s support services.

Procedure for establishing a representative office of a Chinese-invested company in Vietnam:

• Step 1: Prepare a complete set of documents as mentioned above.
• Step 2: All relevant individuals involved in the dossier sign the required sections.
• Step 3: Submit the application online through the National Business Registration Portal: https://dangkykinhdoanh.gov.vn/vn/Pages/Trangchu.aspx
• Step 4: Receive the result: The processing time for issuing the Certificate of Registration of a representative office of a Chinese-invested company in Vietnam is approximately 3 working days from the date of receipt of a complete application.

Siglaw’s Representative Office Establishment Service

Siglaw offers comprehensive legal advisory and support services for establishing a representative office of a Chinese-invested company in Vietnam. With our expertise and experience in corporate law, we can guide you through the entire establishment process efficiently. To get detailed advice, please contact us for dedicated support from our team of lawyers and experts with years of experience in Foreign Direct Investment, including the establishment of representative offices for Chinese-invested companies in Vietnam.

Siglaw Law Firm

Phone: (+84) 961 366 238

Email:

• vphn@siglaw.com.vn
• vphcm@siglaw.com.vn

Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.

Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.

Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City

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