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Legal Representative Requirements for Vietnam Companies

2023-05-30
A company in Vietnam shall have at least one legal representative according to the Law on Enterprises of Vietnam. As defined by the Law on Enterprises of Vietnam, the legal representative is the person that, on behalf of the enterprise, exercises and performs the rights and obligations derived from the enterprise’s transactions, acts as the plaintiff, defendant or person with relevant interests and duties before in court, arbitration, and performs other rights and obligations prescribed by law. The legal representative’s name and details will be recorded on the enterprise registration certificate and company charter.

The Law on Enterprises of Vietnam allows a company to have more than one legal representative. The company charter shall specify the number and position of the legal representatives. The rights and obligations of each legal representative shall be specified under the company charter as well. Otherwise, each of the legal representative shall have full authority to represent the company and take joint responsibility for any damage caused to the company as prescribed by civil laws and relevant laws.

The legal representatives are not required to be Vietnamese nationals, but at least one legal representative must reside in Vietnam as prescribed by law. If a company has only one legal representative, such person must authorize another person residing in Vietnam in writing to perform the legal representative’s right and obligations when leaving Vietnam.

A multiple-member (multiple-shareholder) limited liability company shall have at least one legal representative who holds the title of chairman of the board of members, director/general director. Unless otherwise prescribed by the company charter, the chairman of the board of members shall be the company’s legal representative.

A single-member (single-shareholder) limited liability company shall have at least one legal representative who holds the title of chairman of the board of members, the company’s chairman or director/general director. Unless otherwise prescribed by the company charter, the chairman of the company or chairman of the board of members shall be the company’s legal representative.

If a joint stock company has only one legal representative, either the chairman of the board of directors or the director/general director shall be the legal representative. The chairman of the board of directors shall serve as the company’s legal representative unless otherwise prescribed by the company charter. If the company has more than one legal representative, the chairman of the board of directors and the director/general director shall be the legal representatives of the company.

KAIZEN Group is equipped with experienced and highly qualified professional consultants and is therefore well positioned to provide professional advices and services in respect of the formation and registration of company, application for various business licences and permits, company compliance, tax planning, audit and accounting in China. Please call and talk to our professional consultants for details.

See also：
Vietnam WFOE Registration Procedures and Fees
 Vietnam Trademark Registration Costs and Procedures
Guide to Starting a WFOE in Vietnam
Taxes on Companies in Vietnam

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

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