从目前的一体化趋势来看，企业设立代表处的需求呈较快增长的趋势。 满足企业需要的代表处，只需要一个具有支持企业联系客户、开拓市场功能的附属单位。
根据《越南2014年企业法》第45条第2款：《代表处是企业的附属单位，负有授权代表企业利益并维护企业利益的任务》。
代表处没有独立的法律地位，而是企业的附属主体，仅承担代表企业的任务，并不开展其他营利性经营活动。 代表处的经营范围比分支机构窄。 《越南企业法》及《越南商务法》没有对代表处对越南企业的权利作出具体规定，但《越南商务法》规定了代表处对从事商业活动的外国贸易商的权利和义务。代表处的主要职能是联系、进行研究、提供信息、开拓市场和新的合作伙伴。
根据《越南2014年企业法》第46条，企业有权在境内外设立代表机构，并可根据行政区划在当地选择一个或多个代表机构。 任何类型的企业在完全符合法律规定的情况下，都有权设立代表处。
设立代表处的程序
法律依据：越南2014 年企业法第 46 条和 78/2015/ND-CP 议定的第 33 条。
代表处业务登记文件包括：
－关于代表处业务登记的通知（第02/2019/TT-BKHDT号规定的附件II-11）；
－有两个或两个以上股东的有限责任公司的决定和董事会的、公司所有者或股东委员会或公司总裁的、如果是一人成员有限责任公司的总裁、股份公司董事会成员的、设立代表处的合伙普通合伙人会议记录的有效副本;
－任命代表处负责人的决定书的有效副本；
－代表处负责人合法身份证明文件之一的有效副本
－根据投资许可证、投资证书或具有同等法律效力的文件，尚未补充或更新企业注册信息的补充和更新申请（越南02/2019/TT-BKHDT 规定的附录 II-18）商业登记信息，以便获得商业登记，以取代投资许可证、投资证书或具有同等法律效力的文件中的商业登记内容。
企业在国外设立代表机构的，申请书应当包括：
－ 关于设立境外代表机构的通知（越南02/2019/TT-BKHDT规定的附件II-12）。
－ 代表机构营业登记证或同等文件的有效复印件。
接收文件之处
企业在办理代表处的经营登记时，必须向代表处所在的商业登记署发送设立代表处的通知书。通知附件必须是档案组件中提到的文件。
企业在国外设立代表机构，应当遵守该国法律的规定。自在国外正式开设代表处之日起 30 个工作日内，企业必须向企业注册地的商业登记处发送《在国外设立代表处的通知》（越南02/2019/TT-BKHDT规定的 附件 II-12）。通知书必须附上代表处营业登记证的有效副本或等效文件，以补充国家商业登记数据库中有关企业代表处的信息。
收到结果的时间
商业登记机关自收到申请之日起03日内负责审核申请的有效性并颁发代表机构经营登记证； 拒绝的，必须书面通知企业，说明理由并要求修改。
商业登记署出具代表机构商业登记证后，须于出具之日起五个工作日内将资料送达企业总部所在地的工商登记机关和税务、统计局； 定期将代表处登记信息送交同级国家其他主管机关、代表处所在区人民委员会。
企业法定代表人必须自变更之日起10日内对代表机构经营登记证内容进行变更登记。
注意：
自代表处正式设立之日起30个工作日内，企业必须以书面形式通知（附代表处营业登记证或同等文件的有效副本）到企业注册所在地的商业登记处在国家商业登记数据库中添加信息。
客户可能不了解必要的程序或没有太多时间自行执行设立代表处的程序。 阿普拉法律师事务所将支持免费咨询，并为企业提供起草文件、直接提交文件和接收结果的全套服务。
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