Dossiers, procedures to establish construction company in Vietnam 2022
Currently, the Covid-19 epidemic situation has basically stabilized, and the economy now recovering and developing strongly. This is an opportunity to promote the birth of many new businesses, including construction companies. However, to establish a construction company, founders have to carry out certain procedures prescribed by the law. So, in this article LSX legal firm provides you: “Dossiers, procedures to establish construction company in Vietnam 2022”
Legal grounds
- Law on Enterprise 2020
- Law on Investment 2020
Conditions to establish a construction company
First, you must meet the basic conditions according to the law to apply for registration to establish a construction company.
- Vietnamese from 18 years old and above who meet the requirements for legal status.
- Registering to establish a civil or industrial construction company does not require the capital, qualifications, and experience of the business.
- However, if registering for professions such as structural design, architecture, and construction supervision. Then the business owner and co-founder of the business need to have a practicing certificate and the company’s charter capital requirements.
For most of the construction industry, the current law does not require conditions on capital contributors, charter capital, experience, certificates as well as degrees. However, for business lines related to construction design and construction supervision, a practicing certificate is required.
Dossiers to establish a construction company
Dossier for carrying out procedures for setting up a construction company includes:
- Business registration application form;
- Company charter;
- List of members as well as shareholders (for Multi-member limited liability companies and Joint-stock companies);
- Authenticated copies of:
- Valid ID card or valid Passport for individuals;
- Business registration certificate/ Investment registration certificate for organizations (except in case the organization as a Ministry/ People’s Committee of a province or city) together with personal identification papers, authorization decision of the authorized representative of the organization;
- Decision on capital contribution for members as organizations.
Procedures to establish a construction company
Step 1: Prepare the dossiers to register the business
the Vietnamese alphabet, the letters F, J, Z, W, numbers, and symbols. Also, displays the headquarters, branches, representative offices, and business locations of the enterprise and printed or written on transaction documents, records, and printed materials published by the enterprise.
Also, address of the business: The company must have a specific, clear, and accurate address. The head office of the business cannot be an apartment building or a dormitory.
Capital: Companies must declare the level of charter capital in accordance with the provisions of the law when doing business in the household electrical appliances
Shareholders/Founding members: a joint-stock company, a limited liability company with two or more members, or a partnership must specify the capital contribution ratio together with individual legal papers such as ID card or passport.
Legal representative: can be one or more depending on the needs of the company. When submitting a business registration application, the company must provide personal information along with the title of the representative. In case the legal representative is hired by the company, it is necessary to provide a labor contract and appointment decision.
Business registration lines: Enterprises can search and choose the appropriate business lines in Decision No. 27/2018/QD-Ttg regulating the operating system of Vietnam’s economic sectors.
Step 2: Submit an application at the Department of Planning and Investment to apply for a certificate of business registration
Application for the business registration:
- Business registration application form;
- Company charter;
- List of members as well as shareholders (for Multi-member limited liability companies and Joint-stock companies);
- Authenticated copies of:
- Valid ID card or valid Passport for individuals;
- Business registration certificate/ Investment registration certificate for organizations (except in case the organization as a Ministry/ People’s Committee of a province or city) together with personal identification papers, authorization decision of the authorized representative of the organization;
- Decision on capital contribution for members as organizations.
After preparing all the documents mentioned above, then the person wishing to establish an enterprise shall submit the application for the establishment of an enterprise at the one-stop Department of the Business Registration Office of the Department of Planning and Investment where the enterprise intends to locate.
Within 03 working days from the date of receipt of the application, if the application valid, then the Business Registration Office will issue an enterprise registration certificate to the enterprise.
In case the application is not valid, the Business Registration Office must notify in writing the content that needs to be amended and supplemented to the enterprise.
Engrave the business seal
Currently, the Law does not stipulate the procedures for notifying the enterprise’s seal sample. The seal will be engraved by the enterprise itself and are responsible for it.
In case you apply for our service, within 01 day from the date the company has the Certificate of Business Registration, LSX will engrave the legal entity seal for your company.
Step 4: Post-establishment procedures
After granted the business registration certificate of a construction company, the enterprise needs to perform the following tasks:
- Within 30 days from the date of receipt of the business registration certificate; the enterprise must publish the business registration contents.
- Within 90 days from the date of being granted the business registration certificate; members and shareholders must fully contribute the registered capital.
- The company must make a register of members (register of shareholders) immediately after being granted the Certificate of Business Registration.
- Declare the license fee.
- Signboard at the company headquarters.
- Open a business bank account.
- Notice of seal sample to the business registration office.
- Tax registration for the first time.
- Notice of application of tax calculation method.
- Apply invoice.
- Register to use a digital signature.
- Labor declaration, payment of social insurance for employees.
- …
Some of the business lines in the construction industry
Construction of a non-residential house 4102
Construction of railway works 4211
Road construction 4212
Construction of electrical works 4221
Construction of water supply and drainage works 4222
Building residential house 4101
Construction of telecommunications and communication works 4223
Construction of other public works 4229
Demolition 4311
Construction of waterworks 4291
Construction of mining works 4292
Installation of electrical system 4321
Construction of processing and manufacturing works 4293
Construction of other residential-use engineering works 4299
Ground preparation 4312
Installation of water supply, drainage, heating, and air conditioning systems 4322
Installation of other construction systems 4329
Completion of construction work 4330
Other specialized construction activities 4390
Specialized design activities: Interior and exterior decoration activities 7410
Retail sale of hardware, paint, glass, and other construction equipment in specialized stores 4752
Wholesale of other installation materials and equipment in construction 4663
LSX legal firm’s service on company establishment
When establishing a company, people must carry out the procedure following the law at the competent business registration authority (under the Law on Enterprise 2020). The process of establishing a business includes many different steps and phases. If you are not familiar with the law, this process may take a lot of time.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
Depending on the type of company you choose, the time to establish a company is also different. Normally, the total time to establish a company will be about 15-20 working days to start operating normally.
Firstly, the application form submits to the business registration office requesting the certificate to establish a construction machinery rental company.
Secondly, draft of company charter.
Thirdly, list of founders.
Fourthly, authenticated legal papers of members.
Also, valid identification papers of the authorized representative and the legal representative.
Legal capital confirmation document.
Equally important, certificate of business registration (for organizations).
Lastly, Investment registration certificate for foreign investors.
Construction is an industry that needs a large amount of capital to ensure its operations, so businesses need to choose an appropriate level of capital to avoid not meeting the operational needs of the business.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Dossiers, procedures to establish construction company in Vietnam 2022?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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