Due to the development of the economic market, the need to establish a company in Vietnam increases day by day. Accordingly, when establishing a company in Vietnam, people must carry out certain procedures. The Joint-stock company, a type of business that has been established quite a lot recently, showed its potential in the Vietnamese market. A joint-stock company has the participation of many shareholders. However, establishing a joint-stock company will involve many factors. In this article, LSX legal firm will provide you with “Procedures to establish Joint-stock company in Vietnam”
Legal ground
- Law on Enterprise 2020
Why establishing a company?
Establishing a company means expanding your business model. Also, setting up a business will bring you the following benefits:
- Decent: The business that is registered is a manifestation of the legitimacy of the operation. This is the basis for building trust with partners.
- Confident: When entering into a contract as a legal entity, owners can proactively present their licenses/certificates when required.
- Process: The company will have a strict structure and management. This ensures the best interests when operating, expanding, and mobilizing.
Joint-stock company
According to article 11 of the Law on Enterprise 2020:
Article 11: Joint stock companies
1. A joint stock company is an enterprise in which:
a) The charter capital is divided into units of equal value called shares;
b) Shareholders can be organizations and individuals; the minimum number of shareholders is 03; there is no limit on the maximum number of shareholders;
a) A shareholder’s liability for the company’s debts and liabilities is equal to the amount of capital contributed to the company by the shareholder;
d) Shareholders may transfer their shares to other persons except for the cases specified in Clause 3 Article 120 and Clause 1 Article 127 of this Law.
2. A joint stock company has the status of a juridical person from the day on which the Certificate of Enterprise Registration is issued.
3. A joint stock company may issue shares, bonds and other kinds of securities.
Procedures to establish Joint-stock company
Step 1: Prepare dossiers
Dossier to establish a Joint Stock Company includes:
- Application for establishment (the joint-stock type);
- Charter of Joint-Stock Company;
- Individual identification papers of shareholders (as individuals): identity card, citizen identification, passport, etc.
- Legal papers of the individual as the legal representative.
- Relevant legal papers of business registration, operation registration, establishment decision… for shareholders as legal entities.
- List of founding shareholders of the company.
- Authorization document: In case the owner does not directly carry out the procedure.
Step 2: Submit dossiers
Submit the application at the Business Registration Office of the Department of Planning and Investment at the province level where you plan to locate the head office of your Company.
Currently, there are two forms to submit an application:
- Register directly: apply at the “one-stop” department of the Business Registration Office. However, in Hanoi, this method is no longer applied.
- Online business registration: submit your application on the National Business Registration Portal (Address: https://dangkykinhdoanh.gov.vn). After the online application is valid, you will have to go directly to the “one-stop” department to return the scanned copy (hard copy) when submitting it online.
Once you have submitted your application, you will receive a receipt for your application. The usual processing time for applications will be 3 working days.
Step 3: Receive result
According to the schedule on the appointment, you return to the “one-stop” department of the Business Registration Office to receive the results. There are two possible scenarios:
- Dossiers valid: You will receive a Certificate of Business Registration as a result and a notification to the tax authorities.
- Dossiers invalid: The Business Registration Office will have a document instructing you to amend the dossiers in accordance with the provisions of the law. After the amendments and supplements to your application according to this guide, then resubmit your application as in Step 2.
Step 4: Post-establishment procedures.
Receiving a Business Registration Certificate is just the first step in putting your company into operation. After that, you have to do the following series of procedures:
- Notice the use of the company’s seal sample.
- Bank account notice (if your company registers a bank account).
- Tax procedures such as license declaration and payment of license fees, Tax on corporate headquarters inspection,…
- Trademark protection (if you need it).
- …
After carrying out these procedures, your Company can go into operation.
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.
Related article
- Procedure to set up a Joint-stock company under Vietnam’s Enterprise law
- Procedures for offering shares to the public of a joint-stock company in Vietnam
- How to establish a Joint-stock company in Vietnam?
Related questions
Firstly, register the investment project
Secondly, apply for Certificate of investment registration
Thirdly, apply for the certificate of business registration
Fourthly, publish the content of the business registration
Then, registered business stamp
Next, notice of use of stamp
Equally important, open bank account
After all, the post licensing procedures
At present, there are three ways to apply for company registration:
Firstly, submit directly at the business registration office where the company’s headquarters is located.
Secondly, submit business registration documents by post office.
Thirdly, submit online through the electronic portal.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Procedures to establish Joint-stock company in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
Conclusion: So the above is Procedures to establish Joint-stock company in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
