The development of science and technology together with education and training are the top national policies and key motivations for the country’s fast and sustainable development. Science and technology play a decisive role to make development breakthroughs in productive force, innovate growth models, enhance the competitiveness of the economy and speed up the country’s industrialization and modernization. 

The establishment of branches by foreign scientific and technological organizations in Vietnam is of great significance in promoting international cooperation and distribution activities for socio-economic development and promoting international integration. to attract and encourage Vietnamese and foreign scientists, engineers, and researchers to cooperate, exchange academically, and conduct high-caliber scientific research.

Hong Bang Law would like to send to our customers the consulting and guidance on the procedures for establishing a branch of foreign scientific and technological organizations in Vietnam. 

Legal basis

• Law on Science and Technology 2013
• Decree 08/2014/ND-CP detailing and guiding the implementation of a number of articles of the Law on Science and Technology
• Circular 03/2014/TT-BKHCN-Guiding conditions for establishment and operation registration of science and technology organizations, representative offices and branches of science and technology organizations

General regulations

Scientific and technological organizations refer to organizations that mainly function in scientific research, technological development research, scientific and technological service activities, being established and operate according to laws.

A branch of a foreign science and technology organization is a dependent unit, which has the task of performing all or part of the functions of the above organization, including the function of an authorized representative.

The branch has the following rights:

• Being protected their legal rights and interests by Vietnam State under Vietnam law and international agreements in which the Socialist Republic of Vietnam is a member;
• Having seal bearing the name of representative office and branch of the foreign scientific and technological organization under the current regulations of other relevant laws;
• Leasing head office, buying means and items necessary for the operation of representative office and branch;
• Opening account in foreign currency or Vietnam dong at the banks permitted to operate in Vietnam and only using these accounts in activities of representative office and branch;
• Recruiting employees as Vietnamese or foreigners to work at the representative office and branch under other relevant laws;
• Other rights under regulations of law on science and technology and other relevant laws;

The branch has the following obligations:

• Operation in accordance with contents and areas of operation as specified in the establishment Permit;
• Registration for change, addition, re-issue and renewal of establishment Permit under other relevant laws;
• The head of representative office and branch shall take responsibility for activities of representative office and branch in Vietnam and shall make periodic reports on operation of representative office and branch in Vietnam to the agency issuing of establishment Permit before December 15 annually; report, provide documents and explain the relevant issues upon the requirement of Vietnamese competent authorities;
• The head of the representative office and branch of the foreign scientific and technological organization in Vietnam shall perform duties under the authorization of the foreign scientific and technological organization within the scope and duration of the authorization;
• Other duties under regulations of law on science and technology and other relevant laws;

Requirements 

To establish a branch of a foreign science and technology organization in Vietnam, the following conditions must be satisfied:

• Being a lawful science and technology organization of an international organization, a country or a territory where such organization is established or registered for operation;
• Operating in the field of science and technology that Vietnam needs;
• Commitment to strictly abide by Vietnamese laws and international treaties to which Vietnam is a signatory.
• The branch’s field of operation must be consistent with the field of operation of the science and technology organization.
• The establishment of a branch is specified in the organization and operation charter of a science and technology organization.
• The branch must have at least 03 (three) people with university degrees or higher, of which at least 01 (one) person with professional qualifications in the main field applies for operation registration. The head must have a university degree or higher and officially work at the branch.
• In case of establishment of a branch, a foreign science and technology organization since its establishment or legally registered operation in the country where such organization is established and in the case of an operation registration certificate or papers of equivalent value with a term of operation of the foreign organization, such time limit must be at least 03 (three) years.
• Branch office: is a separate working place for transactions and communication and is located in the territory of Vietnam. The head office has an address identified including house number, street name (alley) or name of commune, ward, township, district, town, provincial city, province or centrally run city; phone number, fax number and email address (if any).

Dossier composition

• A copy of the branch’s charter on organization and operation, clearly specifying the scope of authorization for the head of the branch (the dossier must be translated into Vietnamese and consular legalized);
• A copy of the operation registration certificate or equivalent document of the foreign science and technology organization certified by the competent agency where such organization is established or registered. In case the operation registration certificate or equivalent document specifies the operation term of the organization or individual, that time limit must be at least 03 years (the dossier must be translated into Vietnamese and Consular authentication approved by the Vietnamese government);
• The written approval of the Provincial People’s Committee on allowing the branch office of a foreign science and technology organization to be located in Vietnam;
• A dossier of the branch office must contain the following papers: A copy (legally authenticated) of the document proving the house ownership, land use right or the document proving the right to lease or lend. of the lessor, lending the location for the branch office. In case the copy of the contract is not legally authenticated, the organization may present the original for the person receiving the dossier to contrast and sign the copy for certification;

Procedures 

A foreign science and technology organization shall submit an application for a license to establish a branch in Vietnam at the Ministry of Science and Technology (the Science and Technology Activity Registration Office).

The Office of Registration of Scientific and Technological Activities of the Ministry of Science and Technology organizes the appraisal of the dossier. In case of necessity, they can coordinate with professional management agencies and request the subject to submit additional supporting documents. If the dossier meets the requirements of current regulations, the Ministry of Science and Technology issues a license to establish a branch.

In case of refusal to grant a license to establish a branch office of a foreign science and technology organization in Vietnam, the Ministry of Science and Technology shall issue a written reply clearly stating the reason.

Competent Agency: Ministry of Science and Technology – Science and Technology Activity Registration Office.

Implementation time: 60 working days from the date of submission of valid documents.

Service provided by Hong Bang Law

• Advising clients on legal regulations on procedures for establishing a branch of foreign science and technology organization;
• Receiving information from customers;
• Drafting documents, preparing necessary documents;
• On behalf of clients, submit documents and handle necessary procedures at competent state agencies;
• On behalf of customers to receive papers and documents related to work at competent state agencies;
• Making seal, opening a bank account for the branch,

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!