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Can a driver’s license be used to register a business in Vietnam?

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“Hello, Lawyer. I am preparing documents and procedures to register a business, but I have lost my wallet, citizenship, passport, and only my driver’s license. Don’t know if I can use it. Driver’s license for business registration Besides, can the lawyer give me more explanation about the order and procedures for business registration? Does the right have to be notarized? Looking forward to the lawyer’s answer, I sincerely thank you!”. Thanks for your question. For more clarification on this, today, LSX Lawfirm will give you an article about “Can a driver’s license be used to register a business in Vietnam?“, as follows:

  • Decree 01/2021/ND-CP

Can a driver’s license be used to register a business?

Pursuant to Article 11 of Decree 01/2021/ND-CP stipulating the legal documents of individuals in the enterprise registration dossier as follows:

  1. For Vietnamese citizens: Valid Vietnamese citizen identification card or ID card or Vietnamese passport.
  2. For foreigners: Foreign passports or valid documents replacing foreign passports are still valid.

As such, you cannot use your driver’s license as a substitute for legal documents to register your business. Accordingly, you can redo the lost legal papers as prescribed above to add to the business registration file.

What does the business registration file include?

(1) For a private enterprise, a registration dossier includes:

  • Application for business registration.

– Copy of legal papers of individuals for private business owners.

(2) For a partnership company, the registration dossier includes:

  • Application for business registration.
  • Company rules.
  • Members list.

– Copy of personal legal papers for members.

– A copy of the investment registration certificate for foreign investors in accordance with the Law on Investment.

(3) For a limited liability company, the registration dossier includes:

  • Application for business registration.
  • Company rules.
  • Members list.
  • Copies of the following documents:
  • Legal papers of individuals, for members being individuals or legal representatives;
  • Legal papers of the organization for members being an organization and the document appointing an authorized representative; legal papers of individuals for authorized representatives of members being organizations.

For members being foreign organizations, copies of legal papers of the organization must be consular legalized.

  • Certificate of investment registration for foreign investors in accordance with the Law on Investment.

(4) For a joint-stock company, the registration dossier includes:

  • Application for business registration.
  • Company rules.
  • List of founding shareholders; list of shareholders who are foreign investors.
  • Copies of the following documents:
  • Legal documents of individuals for founding shareholders and shareholders being foreign investors who are individuals or legal representatives;
  • Legal documents of the organization for shareholders being an organization and the document appointing an authorized representative; legal papers of individuals for authorized representatives of founding shareholders and shareholders being foreign investors are organizations.

For shareholders being foreign organizations, copies of legal papers of the organization must be consular legalized;

  • Certificate of investment registration for foreign investors in accordance with the Law on Investment.

Order and procedures for business registration

Step 1: Prepare documents

Depending on the type of business you want to register, the business founder prepares 01 sets of registration documents including the corresponding documents as above.

Step 2: Submit your application

The person establishing the enterprise or the person authorized to carry out enterprise registration shall submit 1 set of enterprise registration dossiers to the business registration agency by one of the following methods:

– Directly at the Business Registration Office;

– Via postal service;

  • Through electronic information network.

Step 3: Settlement of records

Within 03 working days from the date of receipt of the application, the business registration agency shall consider the validity of the enterprise registration dossier and grant the enterprise registration; in case the application is not valid, the business registration agency must notify in writing the contents to be amended or supplemented to the enterprise founder;

In case of refusal to register an enterprise, it must notify in writing the enterprise founder and clearly state the reasons therefor.

Does another personal power of attorney for business registration need to be notarized?

According to Article 12 of Decree 01/2021/ND-CP on authorization to carry out business registration procedures as follows:

Persons competent to sign written requests for enterprise registration may authorize other organizations or individuals to carry out enterprise registration procedures according to the following provisions:

  1. In the case of authorizing an individual to carry out business registration procedures, the enterprise registration dossier must be accompanied by written authorization for the individual to carry out procedures related to business registration and a copy of the business registration certificate. legal papers of authorized individuals. This power of attorney is not required to be notarized or authenticated.
  2. In case of authorizing an organization to carry out business registration procedures, the enterprise registration dossier must be enclosed with a copy of the service provision contract with the service organization performing procedures related to business registration. business registration, the introduction letter of that organization for the individual who directly carries out the procedures related to business registration, and a copy of the legal papers of the individual referred.
  1. In case of authorizing a public-utility postal service provider to carry out enterprise registration procedures, when carrying out business registration procedures, postal employees must submit a copy of the application form according to the form issued by a public-utility postal service provider with the signatures of the postal staff and the person authorized to sign the written request for enterprise registration.
  2. In case of authorizing a postal service provider that is not a public-utility post office to carry out business registration procedures, the authorization shall comply with the provisions of Clause 2 of this Article.

Accordingly, authorizing an individual to carry out business registration procedures requires written authorization and the above document is not required to be notarized or authenticated.

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Related article

Where to submit the business registration application?

According to Clause 1, Article 32 of Decree No. 01/2021/ND-CP, the applicant for enterprise registration shall submit the application directly at the Business Registration Office where the enterprise is located.

What is a business registration certificate?

An enterprise registration certificate (also known as a business registration certificate, or business registration license) is a paper or electronic document that records information about business registration that the agency needs to register. business registration for enterprises. This is one of the important legal documents required of a business.

What do I need to prepare when registering a business?

When you want to register a business, any field needs to prepare a few things in advance:
You need to choose the type of business that best suits your actual conditions
1. You need to choose the type of business that best suits your actual conditions
2. Preparing to name the company
3. Need to prepare to choose the address of the company’s headquarters
4. Select the appropriate business line registration
5. Select the appropriate level of charter capital of the company. And prepare about the tax to pay when establishing the company corresponding to the registered charter capital of the enterprise
6. Choosing a legal representative who is capable of running the business 7. Preparation of company establishment papers.

Conclusion: So the above is Can a driver’s license be used to register a business in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com

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