FOREIGN COMPANY BRANCH OFFICE SETUP SERVICES IN VIETNAM (2026): ESTABLISHMENT OF A BRANCH OF A FOREIGN TRADER IN VIETNAM
In the context of increasingly deep international economic integration, Vietnam has become an attractive destination for foreign traders seeking to expand their business operations. With a continuously improving investment environment and a more transparent legal framework, establishing a commercial presence in Vietnam is now more convenient than ever. One of the most common forms of presence for foreign traders is the establishment of a branch in Vietnam. Unlike a representative office, a branch is permitted to conduct profit-generating business activities within the scope of its licensed operations. This enables foreign traders to take a more proactive approach in exploring the Vietnamese market and reaching potential customers. However, to establish a branch, foreign enterprises must satisfy certain conditions as prescribed by Vietnamese law. In addition, the application dossier and establishment procedures require careful preparation and strict compliance with the relevant legal regulations. A thorough understanding of these legal requirements can help enterprises save time and minimize potential risks during the licensing process. Furthermore, a branch plays a significant role in strengthening brand presence and expanding business networks in Vietnam. The article below provides an overview of the conditions, required documents, and procedures for establishing a branch of a foreign trader in Vietnam.
Clients interested in support services for establishing a foreign company branch office in Vietnam may contact Dai Quang Minh Law Firm via Hotline: 0932 191 299; Zalo: 0932 191 299; Email: info@quangminhlawfirm.com; Viber: (+84) 337 926 405; WhatsApp: (+84) 337 926 405; WeChat: (+84) 337 926 405 (ID: pouniverse) for complimentary consultation and comprehensive, efficient, and accurate legal services.
In addition, Dai Quang Minh Law Firm provides a wide range of services, including sub-licenses, business registration, investment, foreign labor, and ongoing legal advisory services for both domestic and foreign enterprises.
Contact:
- Zalo: 0932.191.299
- Gmail: info@quangminhlawfirm.com
- Viber: (+84) 337926405/ (+84) 869672216
- WhatsApp: (+84) 337926405/ (+84) 869672216
- Wechat: (+84) 337926405 (ID: _pouniverse)/ (+84) 869672216 (ID:DQM_Verna)
- Telegram: (+84) 337926405/ (+84)869672216
I. Conditions for Establishing a Branch of a Foreign Trader in Vietnam
Pursuant to Article 8 of Decree No. 07/2016/ND-CP, a foreign trader must satisfy the following conditions to obtain a License for Establishment of a Branch in Vietnam:
- The foreign trader must be duly established and registered for business in accordance with the laws of a country or territory that is a party to an international treaty to which Vietnam is a member, or otherwise recognized by the laws of such country or territory;
- The foreign trader must have been in operation for at least five (05) years from the date of its establishment or business registration;
- Where the foreign trader’s Business Registration Certificate or equivalent document specifies an operating duration, such duration must remain valid for at least one (01) year from the date of submission of the application dossier;
- The proposed activities of the branch must be consistent with Vietnam’s market access commitments under international treaties to which Vietnam is a member and must fall within the scope of business activities of the foreign trader;
- In cases where the proposed activities of the branch are not covered by Vietnam’s international commitments, or where the foreign trader is established in a country or territory that is not a party to an international treaty to which Vietnam is a member, the establishment of the branch must obtain approval from the Minister of the relevant specialized ministry.
II. Dossier for Establishing a Branch of a Foreign Trader in Vietnam
To establish a branch of a foreign-invested enterprise in Vietnam, the following documents are generally required:
- Notification of branch establishment;
- Application for the issuance of a Branch Establishment License;
- Decision on branch establishment issued by the owner, Members’ Council, or Board of Directors;
- Minutes of the meeting of the Members’ Council or Board of Directors approving the establishment of the branch;
- Appointment letter of the Head of the Branch;
- Documents evidencing the right to use the branch office premises (*);
- Copy of the Charter or regulations governing the branch’s operations;
- Notarized copy of the Business Registration Certificate or equivalent legal documents of the foreign trader;
- Copy of the Citizen Identification Card (ID Card) or passport of the Head of the Branch;
- Copy of the audited financial statements or a document certifying the fulfillment of tax obligations for the most recent fiscal year.
Notes:
* All documents issued overseas must be legalized by consular authentication, translated into Vietnamese, and notarized/certified in accordance with Vietnamese law.
(*) Depending on the specific circumstances, one of the following documents may be submitted to prove the right to use the branch office premises:
- Copy of a Memorandum of Understanding (MOU);
- Premises lease agreement or lease arrangement;
- Documents evidencing the trader’s right to exploit and use the premises as the branch office;
- Documents relating to the proposed branch location, provided that such location complies with Vietnamese regulations on security, public order, occupational safety and hygiene, and other applicable legal requirements.
III. Procedures for Establishing a Branch of a Foreign Trader in Vietnam
Step 1: Submit the application dossier to the Department of Industry and Trade.
Step 2: Await the result from the Department of Industry and Trade.
For ordinary cases:
- Within three (03) working days from the date of receipt of the application dossier, the Department of Industry and Trade shall review the dossier and request supplementation if the dossier is incomplete or invalid. The request for supplementation may only be made once during the processing of the application;
- Within seven (07) working days from the receipt of a complete and valid dossier, the Department of Industry and Trade shall issue the License for Establishment of the Branch of the Foreign Trader.
For cases requiring consultation with the specialized management ministry:
- Within three (03) working days from the receipt of a complete and valid dossier, the Department of Industry and Trade shall send a written request for opinions to the relevant specialized management ministry;
- Within five (05) working days from the receipt of the request, the specialized management ministry shall provide its written opinion;
- Within five (05) working days from the receipt of the opinion from the specialized management ministry, the Department of Industry and Trade shall issue the License for Establishment of the Branch. In case of refusal, a written notification stating the reasons must be provided.
IV. Important Notes on Establishing a Branch of a Foreign Trader in Vietnam
After obtaining the Branch Establishment License and throughout the branch's operation, foreign traders should pay attention to the following legal matters:
- The branch is not permitted to lend, sublease, or otherwise allow another organization or individual to use its registered office premises;
- The validity period of a Branch Establishment License is five (05) years, but it must not exceed the remaining validity period of the foreign trader’s Business Registration Certificate or equivalent legal document;
- Any changes to the information stated in the Branch Establishment License during operation must be duly registered through the license amendment procedure;
- A reassurance procedure must be carried out if the branch relocates to another province or city, or to an area under the jurisdiction of a different management authority;
- A reissuance procedure is also required if the Branch Establishment License is lost, damaged, or destroyed. The reissued license shall have the same validity period as the previously issued license;
- Within fifteen (15) days from the date the Branch Establishment License is issued, reissued, amended, renewed, or revoked, the licensing authority shall publish the relevant information on its official electronic information portal;
- Before 30 January of each year, the branch of a foreign trader must submit an annual operation report for the preceding year to the licensing authority by post. Failure to comply may result in the revocation of the Branch Establishment License.
V. Why choose Dai Quang Minh LawFirm
With years of practical experience in legal consulting, Dai Quang Minh Law Firm is a pioneer in corporate support services, specializing in fast and affordable company formation. Below are the reasons to choose business registration services at Dai Quang Minh Law Office:
Human Resources: Established in September 2009, with over 15 years of practical experience, Dai Quang Minh Law Firm brings together a team of lawyers and legal experts with long-standing expertise in private economic groups nationwide.
Consulting Policy: Clients are gifted a completely free legal consulting package when using services at Dai Quang Minh Law Firm.
Professionalism and Experience: Dai Quang Minh Law Firm has a workforce with in-depth knowledge of business formation, ensuring a swift and accurate consulting process.
Time-Saving: Using Dai Quang Minh Law Firm's services helps you save precious time as we handle the entire process and related procedures.
Legal Insight: Dai Quang Minh Law Firm ensures that all relevant legal regulations are strictly followed in accordance with the law.
Customization: Our consulting services are highly adaptable to your specific needs, allowing you to choose options suitable for your business.
Trusted Partner: Dai Quang Minh Law Firm has built a reputation for providing affordable business setup consulting to many enterprises and individuals nationwide.
Confidentiality Assurance: Dai Quang Minh Law Firm is committed to the absolute protection of your personal and business information.
Detailed Support: Dai Quang Minh Law Firm provides detailed advice and support regarding the process and requirements to help you better understand business formation.
Process Optimization: Our consulting helps optimize the business setup process, minimizing potential risks and difficulties.
Excellent Customer Experience: Dai Quang Minh Law Firm is dedicated to providing the best customer experience through professional advice and enthusiastic support.
Focus on Business Plans: By utilizing our registration services, you can focus on developing your business plans and core activities instead of worrying about legal procedures.
Prospective clients seeking assistance with procedures for establishing a foreign company branch office in Vietnam are kindly invited to contact Dai Quang Minh Law Firm via Hotline: 0932 191 299; Zalo: 0932 191 299; Email: info@quangminhlawfirm.com; Viber: (+84) 337 926 405; WhatsApp: (+84) 337 926 405; WeChat: (+84) 337 926 405 (ID: pouniverse) for complimentary consultation and comprehensive, efficient, and accurate legal services.
In addition, Dai Quang Minh Law Firm provides a wide range of services, including sub-licenses, business registration, investment, foreign labor, and ongoing legal advisory services for both domestic and foreign enterprises.
Contact:
- Zalo: 0932.191.299
- Gmail: info@quangminhlawfirm.com
- Viber: (+84) 337926405/ (+84) 869672216
- WhatsApp: (+84) 337926405/ (+84) 869672216
- Wechat: (+84) 337926405 (ID: _pouniverse)/ (+84) 869672216 (ID: DQM_Verna)
- Telegram: (+84) 337926405/ (+84) 869672216
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