Procedures after representative office establishment

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Procedures after representative office establishment

After the enterprise has made a clear decision on whether to establish a representative office or a branch and choose to set up a representative office, the enterprise still needs to make a few notes after completing the basic procedures. So, what are the procedures after representative office establishment that businesses need to pay attention to?

After establishing a representative office or in other words, a representative office that has been granted an operating license, the business owner needs to pay attention to the following procedures:

Engraved representative office seal

After engraving the seal to establish a representative office, the business owner needs to publicly announce the use of the representative office’s seal and announce the seal sample.

Hanging signboards at the representative office’s headquarters

Right from the beginning of the operation, the Representative Office must carry out the hanging of signs. The signboard of a representative office must contain full information: Name of the representative office, head office address, phone number, governing body, etc. These contents must be consistent with the business registration certificate.

Change information about Representative Office

During the operation, if the Representative Office has any changes related to the contents of the business registration certificate, the Representative Office must carry out the change procedures and pay all amendment fees if necessary and if required.

In addition, if there is a change in employees at work at the Representative Office, within 10 days from the date of the change, the Representative Office must send a report together with copies of related documents to the licensing authority.

Use and issue invoices

According to regulations, Representative Offices are not allowed to organize production or commercial business activities. Accordingly, Representative Offices are not required to issue and use invoices.

Representative offices must submit monthly (quarterly) tax declaration dossiers for arising taxes payable or payable on behalf of the enterprise.

Report to the Department of Industry and Trade

The representative office must officially operate and notify the Department of Industry and Trade of its opening at the registered office within 45 days.

In addition, annually, before the last working day of January of the following year, the Representative Office must send a written report on its activities in the year to the Department of Industry and Trade.

Declare and pay taxes in full

Within 30 days from the date of obtaining the business registration license, the representative office must declare and pay the taxes.

However, representative offices that only carry out the pure representation, marketing, and market research activities do not have to pay a license tax. Only representative offices that carry out production and business activities and earn profits are obliged to pay a license tax.

In addition, the representative office is also responsible for withholding, declaring, and paying personal income tax for the income from wages and salaries of the representative office’s employees according to regulations.

ASLAW is a law firm with in-depth experience in establishing businesses with foreign elements, consulting on enterprises, and has been providing clients with comprehensive legal services. ASLAW’s consulting in this field is highly appreciated by customers.

ASLAW’s business establishment and business consulting services include:

• Establishing a business with foreign elements in Vietnam

• Consulting on documents and procedures to establish a business with foreign elements in Vietnam

• Advice on suitable names for the establishment of enterprises with foreign elements in Vietnam

• Prepare documents and records for business establishment

• Support list of office addresses upon request

• Drafting the company’s charter

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