Registration of the operation of the branch, representative office (for companies operating under the Investment license, Investment certificate or documents with the same validity)

a) Implementation order: In case the company operating under the Investment license, Investment certificate or documents with the same validity registers the operation of the branch, representative office, the company submits documents to the Business registration office where the branch, representative office registered the head office.                                                                                                                                                                                                                

b) Implementation method: The legal representative directly submits documents 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);

·      Written request for supplement and update of operation registration information for the branch/representative office/business location of the company operating under the Investment license, Investment certificate (Annex II-19, 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.

·      In case the company requests to be issued the Operation registration certificate the branch, representative office replacing the operation registration in the Investment certificate or the Operation registration certificate of the branch, representative office issued by the Investment registration agency without change in operation registration, the company submits documents to the Business registration office where the branch, representative office registered the head office. Documents include:

-    A valid copy of Investment certificate or Operation registration certificate of the branch, representative office issued by the Investment registration agency;

-     A valid copy of Tax registration certificate;

-    Written request for supplement and update of operation registration information for the branch/representative office/business location of the company operating under the Investment license, Investment certificate (Annex II-19, Circular No. 20/2015/TT-BKHDT)

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);

    ·         Written request for supplement and update of operation registration information for the branch/representative office/business location of the company operating under the Investment license, Investment certificate (Annex II-19, 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 33 of Decree No. 78/2015/ND-CP and Article 8 of Circular No. 20/2015/TT-BKHDT

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).