Procedures for setting up a business in an export processing industrial park in Vietnam
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Legal grounds
– Enterprise Law 2020;
– Then Law on Investment 2020;
– Decree 01/2021/ND-CP on business registration;
– Then Circular 01/2021/TT-BKHDT guiding business registration;
– Decree 82/2018/ND-CP on management of industrial parks and economic zones;
– Finally, other relevant legal documents.
Procedures for setting up a business in an export processing industrial park in Vietnam
Documents to prepare
Pursuant to the provisions of the Enterprise Law 2020, the required documents to establish a business include:
(1) Business registration application form;
(2) Charter of the company;
(3) List of members for limited liability companies with two or more members, partnerships; List of founding shareholders, list of shareholders being foreign investors, for joint-stock companies;
(4) A valid copy of one of the personal identification papers (ID card/ID/Passport) in case the person establishing the business is an individual; The establishment decision or Certificate of business registration or other equivalent documents, one of the personal identification papers of the authorized representative and the corresponding power of attorney in case the business founder industry is an organization;
(5) A valid copy of the Investment Registration Certificate;
(6) A written authorization for another individual or organization to carry out the procedures for establishing an enterprise in the export processing industrial park (if any).
Procedures for setting up an export processing industrial park enterprise
Step 1: Prepare and submit your application
Organizations and individuals setting up enterprises in export processing industrial zones prepare the documents mentioned in Section 4.1 of the article. Then, proceed to submit 01 set of documents at the Business Registration Office of the Department of Planning and Investment affiliated to the place where the enterprise is headquartered.
Step 2: The competent authority receives the application and issues the Business Registration Certificate
The business registration office receives the documents and issues the receipt.
Within 03 working days from the day on which the valid application is received, the Business Registration Office shall check the validity of the application and issue the Certificate of Business Registration. In case the application is not valid, the Business Registration Office shall send a written notice of the modification and supplementation of the application.
Step 3: Get the result
The enterprise receiving the result is the Certificate of Business Registration.
Method of receiving results: Directly at the result return department of the Business Registration Office/Register to receive postal results.
You can also refer to the article related to Conditions for establishing an export processing enterprise in Vietnam or Conditions for setting up an enterprise in an export processing industrial park in Vietnam
Step 4: Procedures after business establishment
After being granted an enterprise registration certificate, an enterprise must carry out a number of procedures before going into official operation:
– Engrave business seal;
– Hanging signs at the company’s headquarters;
– Buy digital signatures and invoices;
– Declare and pay license tax and carry out procedures with tax authorities;
– Contribute capital fully on time;
– Open a business bank account;
Related questions
The trademark protection title valid from the date of issue to the end of 10 years from the filing date. When it expires, the owner can extend it further, without limiting the number of extensions.
Firstly, Business Name: The company name must include two parts in order: Type of business + Name. Specifically, for a single-member limited liability company: “limited liability company / limited company + company name”. Firms must choose the names written by the letters of the Vietnamese alphabet, letters F, J, Z, W, numbers, and symbols.
Head office: The head office of the enterprise must locate in the Vietnamese territory. It is the contact address of the business and is identified by administrative boundaries. In addition, phone number (required); fax number, and email address (if any).
Owner: The owner of a single-member limited liability company may be an individual or an organization. However, such individual or organization must have full capacity for civil acts and not prohibited by the State from establishing or joining an enterprise.
Also, Business line: enterprises are only allowed to register their business within the scope of business lines which are not prohibited by law. However, for conditional business lines, enterprises must have practice certificates and related legal papers.
Lastly, Charter capital: The capital to establish an enterprise must be suitable to the business line and scale of the enterprise. For enterprises with business lines requiring legal capital, the charter capital must not be lower than the legal capital.
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