What are the documents to be prepared for registration of social enterprises in Vietnam?
- What are the documents to be prepared for registration of social enterprises in Vietnam?
- If an enterprise is converted into a social enterprise in Vietnam, what kind of documents should be prepared?
- What is the application for registration of a social enterprise in Vietnam which is converted from a social fund or charitable fund?
What are the documents to be prepared for registration of social enterprises in Vietnam?
According to the provisions of Article 28 of Decree 01/2021/ND-CP on documents and procedures for registration of social enterprises:
- Documents and procedures for registration of a social enterprise or its branch, representative office or business location shall comply with this Decree and vary according to the type of enterprise. The application must also include the commitment to fulfill social/environmental objectives which is signed by the following persons:
+ For a sole proprietorship: it is signed by the sole proprietor;
+ For a partnership: it is signed by general partners;
+ For a limited liability company: it is signed by members that are individuals; legal representatives or authorized representatives of members that are organizations;
+ For a joint-stock company: it is signed by founding shareholders that are individuals and other shareholders that are individuals, consent to and want to sign the commitment with founding shareholders; legal representatives or authorized representatives of founding shareholders that are organizations, and legal representatives or authorized representatives of other shareholders that are organizations, consent to and want to sign the commitment with founding shareholders.
The Business Registration Office shall publish the committee to fulfill social/environment objectives on the National Business Registration Portal when granting the enterprise registration certificate to the enterprise.
What are the documents to be prepared for registration of social enterprises in Vietnam?
If an enterprise is converted into a social enterprise in Vietnam, what kind of documents should be prepared?
Pursuant to Clause 2, Article 28 of Decree 01/2021/ND-CP, if an enterprise is converted into a social enterprise, it shall submit the application to the Business Registration Office of province where the enterprise will be headquartered. The application includes the following documents:
- The committee to fulfill social/environment objectives signed by the enterprise’s legal representative;
- The resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company;
- The resolution or decision of the owner of the single-member limited liability company on ratification of the commitment.
The Business Registration Office shall update enterprise information on the National Enterprise Registration Database and publish the commitment to fulfill social/environment objectives on the National Business Registration Portal within 03 working days from the receipt of the application.
What is the application for registration of a social enterprise in Vietnam which is converted from a social fund or charitable fund?
According to the provisions of Clause 7, Article 28 of Decree 01/2021/ND-CP, if a social fund or charitable fund wants to establish a social enterprise, it is necessary to comply with the following documents and procedures:
The application for registration of a social enterprise which is converted from a social protection establishment, social fund or charitable fund shall be submitted to the Business Registration Office of province where the social enterprise will be headquartered. The application for enterprise registration shall include the documents specified in Clause 1 of this Article but exclude the investment registration certificate specified in Point b Clause 4 Article 22, Point c Clause 4 Article 23 and Point c Clause 3 Article 24 hereof. The application must be also include the following documents:
- The decision to convert into a social enterprise which is made by the authority that has issued the license to establish the social protection establishment, social fund, or charitable fund;
- Certificate of registration of social protection establishment, license to establish and recognize the charter of the social fund or charitable fund;
- The copy of tax registration certificate;
- A written approval given by the investment registration authority for capital contribution or purchase of shares/stakes by foreign investors/foreign-invested business entities in case procedures for registration of capital contribution or purchase of shares/stakes must be followed in accordance with the Law on Investment.
Within 02 working days from the date of issue of the enterprise registration certificate, the Business Registration Office shall send the copy of the enterprise registration certificate and original certificate of registration of social protection establishment or license to establish and recognize the charter of the social fund or charitable fund to the authority that has issued the license to establish the social protection establishment, social fund, or charitable fund for completing procedures for shutdown of that social protection establishment, social fund, or charitable fund.
The registration of establishment of a social enterprise on the basis of conversion from a social protection establishment, social fund or charity fund shall be carried out at the Business Registration Office where the social enterprise intends to locate its head office.
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