During their production and business operations, enterprises often tend to establish a business location to expand their business scope instead of establishing a branch. In the article below, we address the establishment of a business location, a matter of particular interest to many of our clients.
1. What is a Business Location?
According to Clause 3, Article 44 of the Law on Enterprises of Vietnam 2020, a business location is a place where an enterprise carries out a specific business activity.
Unlike a branch (a dependent unit of the enterprise with the right to perform all or part of the enterprise’s functions, including authorized representation), a business location (also a dependent unit of the enterprise) is only a place where the enterprise carries out specific business activities and does not have the function of authorized representation.
Dossier and Procedures for Establishing a Business Location in Vietnam
2. Dossier and Procedures for Notifying the Establishment of a Business Location
According to Article 31 of Decree 01/2021/ND-CP, the dossier and procedures for notifying the establishment of a business location are as follows:
2.1. Dossier for Notifying the Establishment of a Business Location
– A Notice of Establishment of a Business Location signed by the enterprise’s legal representative in case the business location is directly subordinate to the enterprise, or by the head of the branch in case the business location is directly subordinate to the branch.
– A Power of Attorney for the person submitting the dossier and receiving the results if they are not the legal representative. This document does not require notarization or authentication.
– A valid copy of one of the personal identification documents of the authorized person (if any):
- For Vietnamese citizens: Valid Citizen Identity Card or Vietnamese Passport.
- For foreigners: Valid foreign Passport or equivalent document.
2.2. Method of Submission
The enterprise founder or enterprise, or an authorized person, shall carry out the enterprise registration procedure by the following methods:
- Direct registration at the Business Registration Office.
- Registration via postal service.
- Online registration on the National Public Service Portal for Enterprise Registration.
2.3. Processing Time
Within 03 working days from the date of receiving a valid dossier.
3. Business Location Establishment Notification Services at VN Law Firm
Our business location establishment notification services at VN Law Firm help clients save a significant amount of time and effort. By choosing VN Law Firm, you will receive services for notifying the establishment of a business location, including:
- Consulting on the process and procedures for notifying the establishment of a business location.
- Advising the client on preparing the necessary documents.
- Drafting and submitting the notification dossier for the establishment of a business location to the Business Registration Office on behalf of the client.
- Monitoring the dossier, supplementing, or correcting it (if necessary) as requested by the officer.
- Performing the procedure to publish enterprise registration information on the Information Portal.
- Handing over the new business license.
- Guiding the client on important post-establishment procedures to be aware of.
