Problems in the establishment procedure are common problems. Because not everyone is familiar with this type of procedure. Because of understanding the difficulties of our clients, Lawyer X would like to send you the following article to read.
Legal grounds
Enterprise Law 2020
What types of companies are there?
One member limited liability company: this is a type of business owned by an organization or an individual.
Limited liability company with two or more members: members can be individuals or organizations. The number of members does not exceed 50 Members. Members are liable for debts and other property obligations of the enterprise within the amount of capital committed to contributing to the enterprise.
A Joint Stock Company is a company whose charter capital is divided into equal parts called shares. The minimum number of shareholders is 3 and there is no limit to the maximum number.
A sole proprietorship is an enterprise owned by an individual and is solely responsible for all his/her assets for all business activities. Private enterprises will not be allowed to issue securities of any kind. In particular, each individual is only allowed to establish one private enterprise.
Partnership: requires at least 2 members who are common owners of the company, doing business together under a common name. Capital contributors are only liable for the debts of the company up to the amount of capital contributed to the company.
Profile to set up a company
Business registration application form
The application form should be taken according to the form issued by the Ministry of Planning and Investment; templates suitable for each specific type of business registration:
– An application for the establishment of a private enterprise;
– An application form for the establishment of a partnership company;
– Registation form for establishment of a one-member limited liability company;
– Application form for establishment of a limited liability company with 2 or more members;
– Registation for establishment of a joint-stock company.
Company rules
It should be suitable and correct according to each type of business you want to establish. Drafting the company’s charter should pay attention to the provisions of current law to ensure the correctness and legality of the charter.
Particularly for the establishment of a private enterprise, there is no need for a charter document. Because the characteristic of this type is 1 individual owner.
List of members/Founding shareholders
According to the form issued by the Ministry of Planning and Investment. It is necessary to understand the concept of “Member” and “Shareholder” when registering to establish a company. Especially the business registration of a 2 TV limited company and a joint-stock company business registration.
For types of “one-member” businesses such as 1-TV Limited Liability Company; or a private enterprise, a document “List of members” is not required when registering a business.
Personal documents of business owners
Including documents such as Identity Card, Citizen ID, Passport,
In case of business registration of the type of enterprise with only “one owner”, it is only necessary:
- The person’s identification or
- Business registration of that legal entity;
- In case of business registration as a company with many owners, it is necessary to:
- Personal documents
- Business registration of all company owners.
Register to establish a business, where is the company?
The authority to issue business registration and establishment certificates is the Department of Planning and Investment where the company’s headquarters is located.
The enterprise founder shall submit a complete application for enterprise registration as prescribed in this Law at the competent business registration agency (provincial business registration office) and shall take responsibility for the truthfulness and accuracy of the enterprise registration. of profile content.
Procedures for setting up a company or enterprise
There are 5 steps as follows:
Step 1: Select the type and headquarters of the company
Step 2: Prepare documents
Required documents:
– Application for establishment of a company or enterprise
– Charter of the company
– List of members/shareholders
– Personal documents
Power of attorney (if any)
Step 3: Submit your application
Currently, the Vietnamese state allows the diversification of business registration forms; In addition to submitting business registration documents through the one-stop-shop – Department of Planning and Investment, there is also an online submission method. So, to submit an enterprise registration application, please go through the national business registration portal with the address: https://dangkytinhdoanh.gov.vn.
Step 4: Get the result
Within 3 to 5 working days, in case the application for registration of the establishment of an enterprise is valid, the Business Registration Office – Department of Planning and Investment where the enterprise is located will receive a Certificate of Registration. business registration (yellow copy) and recognition that the business is officially “born” and put into operation legally.
Step 5: Prepare the company seal
Service of setting up a company, a packaging business
The service of setting up a packaging company is service-oriented to the convenience of customers when using it. Lawyer X will help you simplify all administrative procedures and focus on your industry and business development. We look forward to accompanying you on your business path to avoid all legal risks and aim for success.
The full-service company establishment service will support you with the results obtained after completing the business registration procedure, specifically:
– Yellow copy business registration certificate issued by the Department of Planning & Investment;
– Secondly, company seal;
– Seal title of director – legal representative of the company;
– Records of internal circulation of the enterprise;
– Then, charter of the company;
– Digital signature
– Not last, electronic invoices;
– Instruct and represent the company to carry out the following procedures for business establishment, such as: opening an account, notifying a bank account, issuing invoices, and making electronic business registration statements.
– In addition, customers can choose to use services related to the declaration, quarterly and annual tax reports, consulting on setting up social insurance books, etc., in parallel with consulting on business establishment procedures.
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Frequently asked questions
Article 32 of Decree No. 01/2021/ND-CP stipulates that enterprise founders or enterprises must pay fees for enterprise registration at the time of applying to company establishment. The fee for the registration of business establishment according to Circular 47/2019/TT-BTC is 100,000 VND/time.
Enterprises will have 4 times to report tax in the year and once to summarize the year according to the following timelines:
– Quarterly declaration: The deadline is April 30;
– Besides, quarterly declaration: The deadline is July 30;
– Quarterly declaration: The deadline is October 30;
– Quarterly declaration: The deadline is January 30 of the following year.
The deadline for submitting the previous year’s financial statements is March 30 of the following year.
Contact LSX Lawfirm
Finally, hope this article is useful for you to answer the question about: “Setting up a company, fast business package in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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