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Guidance Procedures for Business Registration Certificate PDF Print E-mail

 

  1. Who should apply: All domestic organizations and individuals, foreign organizations and individuals registering their business under the Enterprise Law and household businesses.
  2. Where to apply:
    • Provincial business registration offices-if business operates under Enterprise Law.
    • District business registration office or Finance/Economic Division at the District level-if business is a household business.
  3. Application conditions and documents:
    • Eligibility of Applicants:
      • Its line of business to be registered does not fall within the sectors in which business is prohibited;
      • The name of enterprise complies with the provisions of the Enterprise Law;
      • Its head office is the place for contact and transaction of enterprise; must be located within the territory of Vietnam, have a definite address, including house number, street name or name of commune, ward, township, district, provincial town, provincial city, province or city under central authority; telephone and facsimile numbers and email address (if any);
      • Having valid business registration documents in accordance with law;
      • Having paid in full the prescribed business registration fee in accordance with law.
    • Application file:
      • For private enterprises:
        • Request for business registration in the standard form;
        • Copy of people’s identity card, passport or other lawful personal identification;
        • Document of an authorized body or organization certifying the legal capital in respect of enterprises conducting lines of business for which legal capital is required by law;
        • Legal copy of practicing certificates of the director and other individuals in respect of enterprises conducting lines of business for which a practicing certificate is required by law.
      • For limited liability company with two or more members, partnershipsand shareholding companies:
        • Request for business registration in the standard form;
        • Draft charter of the company;Private Enterprises
        • List of partners or list of shareholders, copy of people’s identity card, passport or other lawful personal identification of each partner and/or shareholder, if they are individuals; copy of establishment decision, business registration certificate or other equivalent document, if they are legal persons;
        • Document of an authorized body or organization certifying the legal capital in respect of enterprises conducting lines of business for which legal capital is required by law;
        • Copy of practicing certificates of unlimited liability partners, of the director and general director.
      • For limited liability company with one member;
        • Request for business registration in the standard form;
        • Draft charter of the company with the signature from the company’s owner, or the legal representative;
        • Copy of the owner’s identity card, if an individual; or establishment decision, business registration certificate or other equivalent document, if a legal person;
        • List of authorized representatives, enclosed with copies of identity cards.
        • Letter of authorization of the owner to the authorized person in case the company’s owner is an organization;
        • Document of an authorized body or organization certifying the legal capital in respect of enterprises conducting lines of business for which legal capital is required by law;
        • Copy of practicing certificates of director (general director) and others individuals in respect of companies conducing lines of business for which a practicing certificate is required by law.
      • For business households:
        • Request for business registration in the standard form;
        • Copy of people’s identity card.
  4. The process:
    • Enterprise’s founders or the authorized people submit the complete dossiers to the provincial business registration offices where the head office is located;
    • When receiving the dossiers, the business registration offices will give the applicants the receipt;
    • In case the dossiers are incomplete or invalid, the business registration office will issue a written notification to enterprise within 05 working days;
    • Within 05 working days from the date of receiving complete dossiers, the provincial business registration offices will issue the “Business registration certificate” for enterprise.
  5. How long it will take to process the application? 05 working days.
  6. Inspecting authorities: Provincial business registration office.
  7. Non-compliance penalty: Stipulated in Decree No. 37/2003/ND-CP of October 10, 2003 provides administrative penalties in the field of business registration.
  8. Legal texts regulating this license:
    • Law on Enterprises No.60/2005/QH11 dated 29 November 2005.
    • Government Decree ND-CP/2006/88 of 29 August on Business Registraton.
    • Circular No.03/2006/TT-BKH date 19 October 2006, Instructing on selected issues in regard of business registration documentation, procedure, and formality in accordance with Government’s Decree No. 88/2006/ND-CP as of 29 August 2006.
  9. Other useful information:
    • Liabilities by Legal Form of Enterprise:
      • One member limited liability companies: the investor is liable for the debts and other property obligations of the company within the amount of capital that s/he has undertaken to contribute to the company;
      • Limited liability companies with two or more members: members are liable for the debts and other property obligations of the company within the amount of capital that they have undertaken to contribute to the company;
      • Shareholding companies: shareholders are liable for the debts and other property obligations of the company up to the amount of capital they contributed to the company;
      • Partnerships: unlimited liability partners shall be liable for the obligations of the company to the extend of all of their assets (includes personal assets), while limited liability partners shall only be liable for the debts of the company to the extend of the amount of capital they have contributed to the company;
      • Private enterprises: the owner shall be liable for all activities of the enterprise to the extent of all his or her assets;
      • Household businesses are liable for everything with all assets, cannot use more than 10 employees, do not have seal, and cannot register more than 1 business location.
    • Other useful information:
      • Within 05 working days, from the date of establishing business locations, branches and representative offices, enterprise shall have to send the establishment notification to the provincial business registration offices where the business locations, branches and representatives offices located;
      • Tax obligations: All kinds of enterprises are exposed to various types of taxation and duties.  For example, Corporate Income Tax, import/export tax, Value Added Tax, Personal Income Tax, business registration tax, stamp duty, etc.  Please see section “Paying Taxes” of the Portal for details.
 

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