Procedures for application for business establishment 2022

In order for any customer to prepare documents and submit the application to establish a Company, DHPLAW we have painstakingly drafted this detailed procedure, please send it to our readers and customers.

I. Scope of application This procedure applies to the following work:

1. Establishment of a Joint Stock Company.

2. Establishment of a limited company;

II. Subjects of application

Individuals and businesses interested in the procedure of establishing a Company.

III. Implementation steps:

Step 1: Prepare information

1. Information and required documents:

a. Name of the Company is expected to include:

– Full name;

– English name (Optional);

– Abbreviated name (Optional);

(Avoid the case where names are not accepted, so about 3 names are expected in order of priority)

b. Headquarters Location

c. The company’s line of business d. Legal representative information:

– Full name;

– Copy of ID card/Passport;

– Place of permanent residence (Get to the house number, niche, alley, alley, street/neighborhood/hamlet/village);

– Current residence (Get up to the number of houses, niches, alleys, alleys, streets/neighborhoods/hamlets/villages);

– Position;

2. Information of shareholders/members for joint stock companies/LLCs with 2 or more members:

– Copy of ID card/Passport of all shareholders/members;

– Place of permanent residence (Get to the number of house, niche, alley, alley, street/neighborhood/hamlet/village);

– Current residence (Get up to the number of houses, niches, alleys, alleys, streets/neighborhoods/hamlets/villages);

– A true copy of the Establishment Decision or Certificate of Business Registration and one of the personal identification papers of the authorized representative of the organization: ID card/Passport (For Vietnamese citizens) ) or a valid foreign passport (For foreigners) certified true copy and corresponding power of attorney in case shareholders/members are organizations;

– A true copy of the Investment Registration Certificate in case the shareholder/member is a foreign investor or a foreign-invested economic organization;

3. Charter capital and share/contribution ratio:

– Authorized capital;

– Ratio of shares/capital contribution among shareholders/members for joint stock companies/LLCs with 2 members or more;

4. Management and operating structure of the company:

– Director, General Director;

– Chairman of the Board of Directors/Board of Directors;

Step 2: Compose your profile

1. Name lookup:

a. Name check on the National Business Registration system:

– Go to website dangkykinhdoanh.gov.vn type the NAME of the expected company in the business information search field and check whether the proposed name meets the requirements according to Articles 38, 39, 42 Law on Enterprises 2014 and Article 17 Decree 78/2015/ND-CP on business registration.

Note: You have to look up many times with many different parameters, for example: First enter the full name and type of company (XYZ Co., Ltd..), then enter other parameters, for example: Company XYZ, XYZ, …..

– For English names and abbreviations, the same lookup.

b. In case the name does not meet the requirements (duplicate, causing confusion:

– If the expected company name is duplicated, causing confusion with an existing enterprise, continue to look up another proposed name in order of priority and notify the customer. If the customer accepts, then proceed to the next step.

– If all the expected names are unsatisfactory, then ask the customer to choose another name until the requirements are met.

2. Look up business lines:

a. Look up according to the summary table of the system of Vietnamese occupations (Decision 27/2018/QD-TTg on the system of economic occupations in Vietnam).

b. Make a Table of Business Lines to Copy into the Registration Application and the Charter.

Note: The registered industry code is a level 4 industry code. In case of needing detailed comments, write the NAME of level 5 and level 6 below.

3. Prepare documents:

a. Profile composition:

a.1. Documents to be prepared:

a.1.1. For Limited Company

– Business registration application form;

– Company rules;

– Members list;

– Copies of the following documents:

+ Legal papers of individuals, for members being individuals or legal representatives;

+ Legal papers of the organization for members being an organization and the document appointing an authorized representative; legal papers of individuals for authorized representatives of members of the organization. For members being foreign organizations, copies of legal papers of the organization must be consularly legalized;

+ Certificate of investment registration for foreign investors in accordance with the Law on Investment; Written authorization to represent the contributed capital in case the owner is an organization;

– Power of attorney to carry out business registration procedures. This document is not required to be notarized or authenticated (in case the legal representative of the company authorizes another person to submit the application).

a.1.2. For Joint Stock Company:

– Business registration application form;

– Charter of a joint-stock company;

– List of founding shareholders; list of shareholders who are foreign investors.

– Copies of the following documents:

+ Legal documents of individuals for founding shareholders and shareholders being foreign investors who are individuals and legal representatives;

+ Legal documents of the organization for shareholders being an organization and the document appointing an authorized representative; legal papers of individuals for authorized representatives of founding shareholders and shareholders being foreign investors are organizations.

For shareholders being foreign organizations, copies of legal papers of the organization must be consularly legalized;

+ Certificate of investment registration for foreign investors according to the provisions of the Law on Investment

– Power of attorney to carry out business registration procedures. This document is not required to be notarized or authenticated;

b. Check information, spelling…

c. Number of documents: Print at least 2 sets.

Step 3: Print the profile

1. After the customer responds OK, then print the profile, print it in 2 sets 2.

Send your profile to your personal email to facilitate editing and supplementing your profile at the Department of Planning and Investment.

Step 4: Sign the application

Note: Just sign where the signature is required, no need to double-sign each page.

Step 5: Submit online business establishment application

1. Register an online business registration account on website dangkytinhdoanh.gov.vn (This account is registered once and is used for all online registration documents, each person can only register one account) .

2. Scan the signed documents in Step 2 3. Implementation of new online business establishment:

a. Login page: https://dangkyquamang.dkkd.gov.vn/auth/Public/LogOn.aspx

b. Log in and make information declaration, download electronic documents and verify business registration documents online according to the process on the National Portal on business registration and fee payment.

c. After completing the submission of registration documents, you will receive an online business registration receipt.

d. Within 03 working days from the date of receipt of the application, the business registration agency shall consider the validity of the enterprise registration dossier and grant the enterprise registration; In case the application is not valid, the business registration agency must notify in writing the content to be amended and supplemented to the enterprise founder.

e. In case of refusal to register an enterprise, it must notify in writing the enterprise founder and clearly state the reasons therefor.

Step 6: Store legal documents of the company after completing the business registration procedure

Company legal records to keep:

– Certificate of business registration;

– Company rules;

– List of members (limited liability companies with two or more members)/list of shareholders (joint stock companies);

– Register of shareholders (shareholding company)/register of members (limited company with two or more members);

– Power of attorney to appoint a representative of the capital contribution in case the shareholder/member is an organization (if any);

For support and advice on business issues in the best way, please contact us with the following information:

DHP Law Firm

Address: G-306, The Manor II, 91 Nguyen Huu Canh, Ward 22, Binh Thanh District, Ho Chi Minh city.

Email: lawyer_duchung@yahoo.com

Website: www.dhplaw.vn

Phone: 0986 518 627




 

Post Author: Nguyen Thi Tam