Today, living space is no longer as simple as before, in addition to the criterion of structural sustainability, today people always aim for the inner beauty of architectural works. The demand for interior design companies is increasing day by day, so a large number of established companies in this field is also an inevitable trend. So what are the conditions for opening an interior design company? Today, LSX Lawfirm will give you an article about “Conditions for opening an interior design company in Vietnam”, as follows:
Legal grounds
Enterprise Law 2020;
Law on Investment 2020;
Decree No. 01/2021/ND-CP on business registration.
What is an interior design company?
An association of two or more people by a legal event in which the parties agree to use their assets or capabilities to carry out a group of different projects related to spatial transformation. The interior divided into the division of functional rooms, arrangement of living facilities, and at the same time harmoniously coordinating elements of color, light, architecture, and decorative items to ensure feng shui and aesthetic elements. to create a beautiful, comfortable and convenient living space.
What are the conditions for opening an interior design company?
Owner’s Conditions
To become an interior design company, the owner also needs to meet certain conditions.
Depending on the type of business that you choose when setting up an interior design company, the conditions on the company owner may be different. Currently, the law is stipulating 4 types of businesses that you can choose from:
- Private company.
- Partnerships.
- One member limited liability company or limited liability company with 2 or more members.
- Joint Stock Company.
For a private company and a partnership, the owner can only be an individual, for a limited liability company and a joint-stock company, the owner can be an individual or an organization.
Conditions for interior design company owners with individuals and organizations are currently prescribed in the Enterprise Law 2020, according to which organizations and individuals participating in the establishment of enterprises must have civil act capacity. full civil rights: For organizations, it must be an organization with legal person status; for individuals, it must not be declared by a court to have lost their civil act capacity or have limited civil act capacity.
In addition
The owner of an interior design company also not prohibited by the State from establishing or joining an enterprise, including the subjects specified in Clause 2, Article 17 of the Enterprise Law 2020 as follows:
- State agencies and units of the people’s armed forces use state assets to establish profit-making enterprises for their own agencies or units;
- Cadres, civil servants and public employees according to the provisions of the Law on Cadres and Civil servants and the Law on Public Employees;
- Officers, non-commissioned officers, professional soldiers, defense workers and officers 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 appointed as authorized representatives to manage the State’s capital contribution in enterprises. or management at a state-owned enterprise;
- Professional leaders and managers in state-owned enterprises as prescribed at Point a, Clause 1, Article 88 of this Law, except those appointed as authorized representatives to manage the State’s contributed capital in the enterprise. other;
- 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.
- Persons who are being examined for penal liability, detained, are serving prison sentences, are serving administrative handling measures at compulsory detoxification establishments, compulsory education establishments or are banned by Courts hold certain posts, are prohibited from practicing certain professions or doing certain jobs; other cases as prescribed by the Law on Bankruptcy and the Law on Anti-corruption.
And
At the request of the Business Registration Authority, the person registering the establishment of an interior design company must submit a criminal record card to the business registration agency;
Organizations that are commercial legal entities prohibit from doing business or operating in certain fields according to the provisions of the Penal Code.
Thus, if organizations or individuals do not fall into the above cases, they are eligible to establish an interior design company.
Conditions of occupation when registering
To open an interior design company, you need to determine exactly what your business is, whether it is a conditional business or not if it is a conditional business, they must meet the conditions prescribed by law.
According to the provisions of the Investment Law 2020, which takes effect from January 1, 2021, in Appendix IV, the List of conditional business lines according to the provisions of Vietnamese law in 2021 and according to the provisions of the Law on Investment. According to Article 19 of the Law on Architecture 2019 (effective July 1, 2020, architectural service business (including interior design) is on the list of conditional businesses. Determine what conditions the interior design industry needs to meet when doing business.
Satisfying the conditions for doing business is a requirement that an enterprise must have or must perform when doing business in a specific line of business, which is shown by a business license, certificate of business eligibility, and operating certificate. profession, professional liability insurance certificate, legal capital requirement, or another requirement.
Conditions of company name
The naming of the interior design company also needs to meet certain conditions.
The law also stipulates in detail about the business name; ensuring compliance with Vietnamese customs and traditions, avoiding confusion with other companies.
Specifically, the name of an enterprise is specified in Article 37 of the Law on Enterprises as follows:
- The Vietnamese name of an enterprise consists of two elements in the following order:
- The type of enterprise is written as “limited liability company” or “limited company” for limited liability companies; be written as “joint stock company” or “CP company” in the case of a joint stock company; written as “partnership” or “HD company” in the case of a partnership; written as “private enterprise”, “private enterprise” or “private enterprise” for private enterprises.
- Proper names are written with the letters of the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.
- The enterprise name must be affixed at the head office, branches, representative offices and business locations of the enterprise. The business name must be printed or written on the transaction papers, documents and publications issued by the business.
Accordingly, when opening an interior design company, the business name must not coincide with or cause confusion with previously registered businesses; not use the name of a state agency, unit of the people’s armed forces, name of a political or social organization .. unless approved by such agency, unit or organization; or ban the use of words and symbols that violate the historical, cultural, ethical and fine traditions of the nation.
The name of the interior design company should not be too cumbersome, too long; and not necessarily represent all the business areas of the business.
Head office conditions
The Enterprise Law 2020 also specifically stipulates the company address as follows:
The head office of the enterprise is located in the Vietnamese territory, is the contact address of the enterprise; and is determined according to the geographical boundaries of the administrative unit; have a phone number, fax number, and email (if any).
Capital conditions
The law also does not have any regulations on the minimum and maximum amount of capital to contributed. So when you open a commercial company, you can declare your capital arbitrarily; that is, depending on your business’s financial ability or desire.
However, after 90 days from the time of capital contribution commitment, when there not enough actually contributed capital, the enterprise must carry out procedures to reduce charter capital
Conditions of seal
Accordingly to Article 43 of the Enterprise Law 2020, the seal of an interior design company exists in two forms, including:
- Firstly, The stamp made at the seal engraving facility.
- Secondly, Seal in the form of a digital signature in accordance with the law on electronic transactions.
- Thirdly, The seal is very important to the business. It represents the will of the company in every transaction.
Therefore, the current law also stipulates very closely, stipulating the size and design so that it is uniform and suitable.
Regarding the size and shape of the seal, it regulated by the law in Circular 21/2012/TT-BCA.
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Above is LSX Lawfirm’s advice on the content of the problem “Conditions for opening an interior design company in Vietnam“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
100,000 VND/time for documents submitted directly at the Business Registration Office (Submitted at the time of application). Exemption of fees for online registration dossiers (Circular 47/2019/TT-BTC).
So To set up an interior design company, usually, you will have to wait 3 – 5 days from the date of receipt of all valid documents, the Business Registration Office will issue a Business Registration Certificate for you. my company. However, in practice, it may take you 1-2 weeks depending on whether your application is valid or not.
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