CONDITIONS TO ESTABLISH BRANCHES, REPRESENTATIVE OFFICES OF FOREIGN TRADERS

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    Under regulations of Decree No. 07/2016/NĐ-CP dated 25/01/2016, from 10/3/2016 the foreign traders want to establish branches, representative offices in Vietnam must fully satisfy the following conditions: 1. For representative office: a) Foreign trader is established, registered business under regulations of nation law, territory law that participates international treaties which Vietnam is a member or recognized by law of these nations and territories; b) Foreign trader operated at least 01 year from the day of establishment of registration; c) In case the certificate of business registration or papers with equivalent value of foreign trader has regulation about operation duration, that duration must be at least 01 year from the day of filing; d) Activity contents of representative offices must suit with commitments of Vietnam in international treaties which Vietnam is a member; e) In case activity contents of representative offices not suit commitments of Vietnam or foreign trader not belong to nations or territories that participates international treaties which Vietnam is a member, the establishment must be approved by the minister, head of ministerial-level agencies professional management (hereinafter referred to Minister of professional management ministry). 2. For branch: a) Foreign trader is established, registered business under regulations of nation law, territory law that participates international treaties which Vietnam is a member or recognized by law of these nations and territories; b) Foreign trader operated at least 05 years from the day of establishment of registration; c) In case the certificate of business registration or papers with equivalent value of foreign trader has regulation about operation duration, that duration must be at least 01 year from the day of filing; d) Activity contents of branches must suit with commitments on opening market of Vietnam in the international treaties which Vietnam is a member and suit with business of foreign traders; e) In case activity contents of branches not suit commitments of Vietnam or foreign trader not belong to nations or territories that participates international treaties which Vietnam is a member, the establishment must be approved by Minister of professional management ministry. Decree No. 07/2016/ND-CP will take effect from 10/3/2016.

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