Latest form Capital contribution statement in Vietnam of organizations and individuals used for organizations in tax registration documents in 2022?
What is Capital Contribution in Vietnam? Capital contribution with what assets?
Pursuant to Clause 18, Article 4 of the Enterprise Law 2020, capital contribution is defined as: "Capital contribution" is the contribution of assets to form the charter capital of the company, including capital contribution to establish the company or additional capital contribution of the company. company was established."
Pursuant to Article 34 of the Enterprise Law 2020 stipulates capital contribution with the following assets:
- Assets contributed as capital are Vietnam Dong, freely convertible foreign currency, gold, land use rights, intellectual property rights, technology, technical know-how, other assets valuable in Vietnam Dong. .
- Only individuals and organizations that are "lawful" owners or have lawful use rights to the property specified in Clause 1 of this Article have the right to use such property to contribute capital as prescribed by law.
The capital contribution statement in Vietnam of organizations and individuals is the form used to declare capital contribution. The form includes the following information: Name of the organization or individual contributing capital to the taxpayer, Nationality of the individual contributing capital, Address of the head office of the capital contributing organization....
Latest form Capital contribution statement in Vietnam of organizations and individuals used for organizations in tax registration documents in 2022?
How long is the current capital contribution period?
Depending on the type of business, the time limit for capital contribution will vary. Specifically:
- For one member limited liability company:
According to the provisions of Clause 2, Article 75 of the Law on Enterprises 2020, the company owner must contribute capital to the company with all and the right types of assets as committed when registering for business establishment within 90 days from the date of issuance. Certificate of business registration, regardless of the time to transport and import assets contributed as capital, carry out administrative procedures to transfer property ownership. During this period, the company owner has the rights and obligations corresponding to the committed capital contribution.
- For joint stock companies:
According to Clause 1, Article 113 of the Enterprise Law 2020: Shareholders must pay in full for the number of shares registered for purchase within 90 days from the date of issuance of the Enterprise Registration Certificate, unless the company's charter or the share subscription contract stipulates another shorter term. In case shareholders contribute capital with assets, the time for import and export transportation and carrying out administrative procedures to transfer ownership of such assets shall not be included in this time limit for capital contribution. The Board of Directors is responsible for supervising and urging shareholders to pay in full and on time the registered shares.
- For limited liability companies with two or more members:
According to Clause 2, Article 47 of the Law on Enterprises 2020, members must contribute capital to the company in full and with the right type of assets as committed when registering for business establishment within 90 days from the date of issuance of the business registration certificate. business, excluding the time to transport and import assets for capital contribution, and carry out administrative procedures to transfer property ownership. During this time limit, the member has rights and obligations in proportion to the committed capital contribution ratio. A member of the company may only contribute capital to the company with an asset other than the committed one if it is approved by more than 50% of the remaining members.
- For private enterprises:
According to Clause 1, Article 189 of the Enterprise Law 2020 as follows:
+ The investment capital of the owner of a private enterprise is registered by the business owner himself. The owner of a private enterprise is obliged to accurately register the total investment capital, clearly stating the capital amount in Vietnam Dong, freely convertible foreign currencies, gold and other assets; for capital in other assets, it is also required to clearly state the type of property, quantity and residual value of each type of asset.
+ All capital and assets, including borrowed capital and leased assets used in business activities of the enterprise must be fully recorded in the accounting books and financial statements of the enterprise in accordance with the law. .
During the operation, the owner of a private enterprise has the right to increase or decrease his investment capital in the business activities of the enterprise. The increase or decrease in the investment capital of the private business owner must be fully recorded in the accounting books. In case the investment capital is reduced to less than the registered investment capital, the owner of the private enterprise may reduce the capital only after having registered with the Business Registration Authority.
That is, the owner of a private business will have to contribute fully and ensure enough right when registering the establishment of a private enterprise, because the owner of a private business will be responsible with all his assets for the private enterprise that I founded.
The latest form of capital contribution statement in Vietnam of organizations and individuals in 2022?
Pursuant to Appendix II issued together with Circular 105/2020/TT-BTC stipulating the form of capital contribution statement in Vietnam of organizations and individuals (form BK06-DK-TCT) as follows:
Download the latest form of capital contribution statement in Vietnam of organizations and individuals in 2022 here.
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