New rules help in setting up representative offices

The changes were outlined in government Decree No.62/2026/ND-CP dated February 13, amending Decree No.06/2005/ND-CP from 2005 on the establishment and operation of representative offices of foreign cooperation and research organisations.

Decree 62 adds an online application method for establishing a representative office and shortens the processing time for granting licences to establish such offices.

Illustration photo: IGS

Specifically, foreign organisations requesting the establishment of a representative office must submit one set of documents directly, via postal service, or online through the National Public Service Portal to the Ministry of Foreign Affairs (MoFA).

Within one working day of receiving the documents, the receiving agency is responsible for checking the validity of the documents and requesting the organisations to amend, supplement, or complete them if the documents are incomplete. The agency must issue a receipt and schedule a date for returning the results upon receipt of a complete and valid application.

Within 14 working days of receiving a complete and valid application – down from 30 days previously – MoFA must decide whether to grant a licence.

In case of refusal, MoFA must notify the foreign organisation in writing, stating the reasons. In addition, Decree 62 also amends and supplements Clauses 1 and 2 of Article 8 of Decree No. 06/2005/ND-CP on the procedures for granting licences.

Specifically, MoFA must send the application for establishing a representative office of a foreign organisation to the Vietnamese authorised body, relevant ministries and agencies, and the People's Committee of the province or centrally governed city where the foreign organisation intends to establish its office.

The People's Committee of the province or centrally administered city must provide opinions on the operational situation of the foreign organisation in the locality where it plans to establish its representative office.

Ministries and relevant agencies provide feedback on the operational status of the foreign organisation with programmes and projects under their remit. The Vietnamese authorised body then provides feedback on the proposal to establish a representative office for the foreign organisation. The Ministry of Public Security then gives its opinion on the proposed head of the representative office.

After receiving the documents from MoFA, relevant agencies must submit their opinions within 10 working days (compared to 15 days previously).

In cases where the Vietnamese authorised agency and related agencies have differing opinions, MoFA will send a document requesting opinions from the Vietnamese authorised agency and the Ministry of Public Security who will send their ideas within five working days from the date of receipt of the document from MoFA. The ministry will decide on granting licences to representative offices of foreign organisations based on the consensus of the Vietnamese authorised agency and the Ministry of Public Security.

Decree 62 also amends rules on the validity period of the licence. Accordingly, the validity period is determined based on the request of foreign organisations, but must not exceed the operating period of their research cooperation programmes and projects in Vietnam.

In case of renewal, foreign organisations must submit one set of documents directly, via postal service, or online through the National Public Service Portal to the Ministry of Foreign Affairs at least 14 working days before the licence expires.

Within one working day from the date of receiving the application, the agency is responsible for checking the completeness and validity of the application and requesting the foreign organisation to amend, supplement, or complete the application if it is not valid.

MoFA will consider extending the licence after consulting the Vietnamese authorised body, relevant ministries and agencies, and the People's Committee of the province or centrally governed city where the representative office is located.

This new decree takes effect from March 1.

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