Q: My company was established in 2016 in Ho Chi Minh City. Currently, my company’s business situation is quite stable in the South, so I want to expand the market beyond Hanoi. I heard from a friend that we should set up a branch. So let me ask, what documents do my company need to prepare and what are the procedures to set up a branch outside of Hanoi?
The lawyer replied:
Hello, thank you for trusting and sending your question to the legal consulting department of DHP Law. The content of your question DHP Law would like to answer as follows:
When the business grows after a period of business and has the desire to expand the market, establishing a branch is one of the ways that your business should choose. Branches do not have legal status but operate within the scope of authorization of the enterprise. The procedure to establish a branch is as follows:
Step 1 : Prepare documents
- Required documents include:
+ Notice of branch operation registration (Appendix II-11, Circular No. 02/2019/TT-BKHDT);
Decision and valid copy of meeting minutes of the Members’ Council, for limited liability companies with two or more members, of the company’s owner, or of the Members’ Council or the company’s president, for companies one-member limited liability, of the Board of Directors, for joint-stock companies, of general partners, for partnerships, for the establishment of a branch;
+ Application for supplement and update of business registration information (Appendix II-18, Circular No. 02/2019/TT-BKHDT) for enterprises operating under the Investment License, Investment Certificate or documents of equivalent legal validity have not yet supplemented or updated business registration information to be granted business registration to replace the business registration content in the Investment License, Investment Certificate. documents or papers of equivalent legal value .
+ A valid copy of the decision on appointment of the head of the branch;
+ A letter of authorization for the representative to carry out the procedures for registration of the establishment of a branch (in case the legal representative of the enterprise authorizes another person to submit the application).
- Attached documents:
+ 01 valid copy of ID/CCCD/Passport of the applicant;
+ 01 valid copy of ID card/CCCD/Passport of the head of the branch.
Step 2 : The enterprise sends online the application for registration of the branch’s operation to the Business Registration Office under the Department of Planning and Investment where the enterprise locates the branch at the website: https://dangkyquamang.dkkd .gov.vn
Step 3 : After 03 working days from the date of receiving the application, the Business Registration Office is responsible for reviewing the validity of the application.
If the application is valid, a notice must be sent to the enterprise.
Step 4 : After receiving the notice of valid application, the enterprise shall submit a paper copy of the application for registration of branch operation to the Business Registration Office of the Department of Planning and Investment where the enterprise locates its branch.
Here is our advice. If you still have questions, are unclear or need other legal assistance, please contact us:
DHP . Law Firm
Address: L4 – 09.OT06 Landmark 4, Vinhomes Central Park, 720A Dien Bien Phu, Ward 22, Binh Thanh District, City. Ho Chi Minh.
Contact phone number: 0986.938.627 (Mr. Hung) or 0367.74.043 (Ms. Tam).
Looking forward to cooperation!
Best regards./.
