Establishing a business allows the creation of a new business entity. So in our country, today, which of the following subjects has the right to establish a business is the concern of many readers. The correct answer to the question in our country today, which of the following entities has the right to establish an enterprise is the answer:
Legal grounds:
Civil Code 2015
Enterprise Law 2020
Subjects with the right to establish an enterprise are organizations and individuals that are recognized by law to have the right to establish an enterprise.
+ In which the entity having the right to establish an enterprise is an individual, that individual must have full civil act capacity to take responsibility for the enterprise he established or contributed capital to establish.
+ If the entity having the right to establish an enterprise is an organization, that organization must have legal status, then the organization can only invest capital to establish an enterprise when it has independent assets and is capable of taking independent liability. with that property.
In addition, according to the provisions of Article 17 of the Enterprise Law 2020, the following cases are excluded for the following organizations and individuals that do not have the right to establish and manage enterprises in Vietnam:
The following organizations and individuals do not have the right to establish and manage enterprises in Vietnam:
a) Firstly, tate agencies and units of the people’s armed forces use state assets to establish profit-making enterprises for their agencies or units;
b) Then adres, civil servants, and public employees according to the provisions of the Law on Cadres and Civil servants and the Law on Public Employees;
c) After that, officers, non-commissioned officers, professional soldiers, defense workers, and employees in agencies and units of the Vietnam People’s Army; officers, professional non-commissioned officers, public security workers in agencies and units of the Vietnam People’s Public Security; except those who are appointed as authorized representatives to manage the State’s capital contribution in enterprises. or management at a state-owned enterprise;
d) Professional leaders and managers in state enterprises as prescribed at Point a, Clause 1, Article 88 of this Law, except for persons appointed as authorized representatives to manage the State’s contributed capital in the State enterprise other enterprises;
Minors; people with limited civil act capacity; persons who have lost their civil act capacity; people with difficulties in cognition and behavior control; organizations without legal status;
e) Persons who examined for penal liability, detained, are serving prison sentences, are serving administrative handling measures at compulsory detoxification establishments, compulsory education establishments; or are being prosecuted by the Court’s ban from holding certain posts, practicing certain professions, or doing certain jobs; other cases as prescribed by the Law on Bankruptcy and the Law on Anti-corruption.
At the request of the business registration authority, the person registering the establishment of an enterprise must submit a judicial record card to the business registration authority;
g) Organizations being commercial legal entities that prohibited from doing business or operating in certain fields according to the provisions of the “Penal Code”.
Thus, the correct answer to the question in our country today, which of the following entities has the right to establish an enterprise is an organization or individual according to the provisions of the Enterprise Law.
Related article:
Conditions for establishing a home health care business in Vietnam
Procedures and documents for dissolution of a joint-stock company under Vietnamese law.
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Frequently asked questions
The remaining subjects such as people who have lost their civil act capacity; minors or people who are serving prison sentences are not required to meet the conditions, so they are not subject to the right to establish businesses.
According to Clause 1, Article 21 of the 2015 Civil Code, a minor is a person under 18 years of age.
Thus, individuals who reach the age of 18 will have the right to establish and manage an enterprise.
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