In order for every customer to be able to prepare their own documents and submit the application to establish a company, 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. Required information and documents:
a. Company name 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. Location of headquarters
c. The company’s line of business
d. Legal representative information:
– Full name;
– Copy of ID card/CCCD/Passport;
– Place of permanent residence (Get to the number of houses, niches, alleys, alleys, streets/neighborhoods/hamlets/villages);
– Current place of 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/CCCD/Passport of all shareholders/members;
– Registered place of permanent residence (Get to the number of house, niche, alley, alley, street/neighborhood/hamlet/village);
– Current place of 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/CCCD/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. Company management and administration structure:
– Director, General Director;
– Chairman of the Board of Directors/Board of Members;
Step 2: Prepare profile
1. Name lookup:
a. Name check on the National Business Registration system:
– Go to website dangkytinhdoanh.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, look up similarly.
b. In case the name does not meet the requirements (duplicate, causing confusion):
– If the expected name of the company 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 Vietnamese industry system (Decision 27/2018/QD-TTg on the Vietnamese economic industry system).
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, If detailed comments are required, 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
– An application for business registration;
– Company rules;
– Members list;
– Copies of the following documents:
+ Legal papers of individuals, for members being individuals or legal representatives;
+ Legal documents 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;
A 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:
– An application for business registration;
– 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 documents 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 legalized
