Enterprise registration is an important procedure for new enterprises acceding the business market. Viet Nam law has regulations on enterprise registration procedures. Let’s find out this issue with Lawyer X through the following scenario: “Dear Lawyer! I want to hire a law firm to register my new enterprise with the competent authority. However, I still want to know the details of steps to establish an enterprise. Hope you will provide me with relevant regulations. Thanks for listening!”
Legal grounds
Viet Nam Law on Enterprises
What is an enterprise?
The definition of an enterprise is specified in Clause 10, Article 4 of Law on Enterprise 2020, whereby: “Enterprise means an organization that has a proper name, assets, premises, is established or registered in accordance with law for business purposes.”
According to the Enterprise Law 2020, inheriting the previous legal regulations, currently enterprises include the following four types: private enterprises, partnerships, limited liability companies, joint-stock companies. Thus we can answer the question if enterprise and company are the same? Enterprise has broader connotations than company. Company refers to types of enterprises that are: Partnerships, Limited Liability Companies, Joint-Stock Companies.
Preparing application for enterprise registration
*Application for registration of a private enterprise
– The enterprise registration application form.
– Copies of legal documents of the private enterprise’s owner.
*Application for registration of a partnership
– The enterprise registration application form.
– The company’s charter.
– The list of partners.
– Copies of legal documents of the partners.
– Copies of the Investment Registration Certificate of foreign investors as prescribed by the Law on Investment.
*Application for registration of a limited liability company
– The enterprise registration application form.
– The company’s charter.
– The list of members.
– Copies of:
+ Legal documents of members who are individuals and legal representatives;
+ Legal documents of members that are organizations, documents about designation of authorized representatives and their legal documents.
Legalized copies of legal documents of the members that are foreign organizations.
+ The Investment Registration Certificate of foreign investors as prescribed by the Law on Investment.
*Application for registration of a joint stock company
– The enterprise registration application form.
– The company’s charter.
– The list of founding shareholders; the list of shareholders that are foreign investors.
– Copies of:
+ Legal documents of founding shareholders and shareholders that are foreign investors who are individuals and legal representatives;
+ Legal documents of shareholders that are organizations, documents about designation of authorized representatives; legal documents of authorized representatives of founding shareholders and shareholders that are foreign organizations.
Legalized copies of legal documents of the members that are foreign organizations.
+ The Investment Registration Certificateof foreign investors as prescribed by the Law on Investment.
Enterprise registration procedures
– The enterprise’s founder or the authorized person shall apply for enterprise registration at the business registration authority as follows:
+ Direct application at the business registration authority;
+ Submission of the application by post;
+ Online enterprise registration.
Online enterprise registration means the enterprise’s founder submitting the electronic enterprise registration application to the National Enterprise Registration Portal. An electronic enterprise registration application shall contain the information prescribed in Law on Enterprises and has the same legal value as a physical one. Applicants may choose between digital signatures and business registration accounts for online enterprise registration. A business registration account means an account created by the National Enterprise Registration Information System for an individual to apply for online enterprise registration. The account holder is legally responsible for the obtainment and use of the account for online enterprise registration.
– Within 03 working days from the receipt of the application, the business registration authority shall consider the validity of the application and decide whether to issue enterprise registration. The business registration authority shall inform the applicant of necessary supplementation in writing if the application is invalid or inform the applicant and provide explanation if the application is rejected.
Issuance of the Enterprise Registration Certificate
– An enterprise will be granted the Enterprise Registration Certificate when the following conditions are fully satisfied:
+ The registered business lines are not banned;
+ The enterprise’s name is conformable with regulations of Articles 37, 38, 39 and 41 of Law on Enterprises;
+ The enterprise registration application is valid;
+ The enterprise registration fees are fully paid in accordance with regulations of law on fees and charges.
– In case an Enterprise Registration Certificate is lost or damaged, it will be reissued at a fee prescribed by law.
Content of the Enterprise Registration Certificate
An Enterprise Registration Certificate shall contain the following information:
– The enterprise’s name and EID number;
+ EID number is a serial number generated by the National Enterprise Registration Information System, issued to the enterprise when it is created and written on the Enterprise Registration Certificate. Each enterprise shall have a sole EID number, which must not be issued to any other enterprise.
+ The EID number shall be used for paying taxes, following administrative procedures, exercising and performing other rights and obligations.
– The enterprise’s headquarters address;
– Full name, signature, mailing address, nationality and legal document number of the legal representative (for limited liability companies and joint stock companies), each partner (for partnerships), the owner (for sole proprietorships). Full name, mailing address, nationality and legal document number of each member that is an individual; name, EID number and headquarters address of each member that is an organization (for limited liability companies);
– The charter capital (or investment capital if the enterprise is a sole proprietorship).
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
The enterprise’s founder or the authorized person shall apply for enterprise registration at the business registration authority as follows:
+ Direct application at the business registration authority;
+ Submission of the application by post;
+ Online enterprise registration.
EID number is a serial number generated by the National Enterprise Registration Information System, issued to the enterprise when it is created and written on the Enterprise Registration Certificate. Each enterprise shall have a sole EID number, which must not be issued to any other enterprise.
Yes! The EID number shall be used for paying taxes, following administrative procedures, exercising and performing other rights and obligations.
Conclusion: So the above is Procedures for enterprise registration in accordance with Viet Nam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
