Question: My company is a joint stock company based in Hanoi. What do I have to do to open a branch in Ho Chi Minh City?
Answer:
Thank you for your inquiry. For this question, we would like to advise as follows:
Pursuant to Article 45 of the 2020 Enterprise Law and Article 31 of Decree No. 01/2021/ND-CP on enterprise registration, you need to implement the following procedure:
1. Dossiers for branch registration
- Notification of establishment of a branch signed by the enterprise’s legal representative (using the form in Appendix II-7 of Circular No. 01/2021/TT-BKHDT on enterprise registration);
- Resolution/decision and a copy of the meeting minutes of the Board of Directors on the establishment of the branch (original/true copy);
- Resolution/decision on the appointment of the head of the branch (original/true copy);
- Legal documents of the head of the branch (Notarized true copy);
- Lease contract of the branch location (notarized copy);
- Authorization document of the applicant;
- Legal documents of the applicant (notarized copy).
2. Branch establishment procedure
Step 1: Prepare the afforementioned set of dossiers.
Step 2: Directly submit the dossiers to the Business Registration Office of the Department of Planning and Investment of the province or city where the branch located or submit the dossiers online on the National Business Registration Portal.
Step 3: The Business Registration Office verify the validity of the dossiers.
- For invalid dossiers: The enterprise shall revise the dossiers according to the instructions in the supplementary notice and resubmit them according to the aforementioned process.
- For valid dossiers: The Business Registration Office import information into the National Business Registration Information System to request a branch code, then issues a branch registration certificate within 03 (three) working days from the receipt date of the valid dossiers.
Step 4: Based on the appointment date on the Receipt, the the applicant directlt receives the result at the Business Registration Office (from 1pm to 5pm every Monday to Friday) or the Business Registration Office will send the result to the address registered by the enterprise at the submission time.
Step 5: After being granted the branch registration certificate, the enterprise must publish the registration contents on the national electronic portal within 30 days from the issuance date of the branch registration certificate in order to avoid administrative penalties, carry out procedures for seal registration, tax declaration, invoices, hang branch signs, open bank account (if any) as per regulations.
The above is the basic information on the procedures for the establishment of a branch of a joint-stock company. If you have any inquiries, please contact us by phone number, email or directly at the our office.
Comment: