10:39 | 12/01/2023

How much is the charge for business registration for the joint stock company in Vietnam?

How much is the charge for business registration for the joint stock company in Vietnam? – asked Mr. Vu (Ha Tinh, Vietnam)

Is a joint stock company an enterprise? What are the characteristics of a joint stock company in Vietnam?

Pursuant to Clause 10, Article 4 of the Law on Enterprise 2020 stipulates as follows:

Definitions
For the purpose of this document, the terms below are construed as follows:
10. “enterprise” means an organization that has a proper name, assets, premises, is established or registered in accordance with law for business purposes.

According to the above provisions, an enterprise means an organization that has a proper name, assets, premises, is established or registered in accordance with law for business purposes.

At the same time, based on Clause 1, Article 111 of the Law on Enterprise 2020, the following provisions are made:

Joint stock companies
1. A joint stock company is an enterprise in which:

Thus, from the above two regulations, joint stock companies are enterprises.

Regarding the characteristics of a joint stock company, based on Article 111 of the Law on Enterprise 2020, a joint stock company is an enterprise in which:

- The charter capital is divided into units of equal value called shares;

- Shareholders can be organizations and individuals; the minimum number of shareholders is 03; there is no limit on the maximum number of shareholders;

- A shareholder’s liability for the company’s debts and liabilities is equal to the amount of capital contributed to the company by the shareholder;

- Shareholders may transfer their shares to other persons except for the cases specified in Clause 3 Article 120 and Clause 1 Article 127 of this Law.

- A joint stock company has the status of a juridical person from the day on which the Certificate of Enterprise Registration is issued.

- A joint stock company may issue shares, bonds and other kinds of securities.

How much is the charge for business registration for joint stock company in Vietnam?

How much is the charge for business registration for joint stock company in Vietnam?

Pursuant to the list of fees, charges for business registration promulgated together with Circular 47/2019/TT-BTC stipulating the charges for business registration (consist of: issuance, reissuance, amendments to the Business registration certificate and the certificate of registration for branches, representative offices, business location of the enterprise) as follows:

Charges for business registration (consist of: issuance, reissuance, amendments to the Business registration certificate and the certificate of registration for branches, representative offices, business location of the enterprise) will be 50,000 VND/time when paid directly at the Business Registration Office under the Department of Planning and Investment.

In case of submitting online, the fee will be waived.

What is the information that should be provided in the enterprise registration application in Vietnam?

Pursuant to Article 23 of the Law on Enterprise 2020, the following information shall be provided in the enterprise registration application form:

- The enterprise’s name;

- The enterprise’s headquarters, phone number, fax number, email address (if any);

- The enterprise’s business lines;

- The charter capital (or investment capital if the enterprise is a sole proprietorship);

- Types of shares, face value of each type and total authorized shares of each type if the enterprise is a joint stock company;

- Tax registration information;

- Expected quantity of employees;

- Full name, signature, mailing address, nationality and legal documents of each partner (for partnerships) or the owner (for sole proprietorships);

- Full name, signature, mailing address, nationality and legal documents of the legal representative (for limited liability companies and joint stock companies).

What is the application for registration of a joint stock company in Vietnam?

Pursuant to Article 22 of the Law on Enterprise 2020, the application for registration of a joint stock company

- The enterprise registration application form.

- The company's charter.

- The list of founding shareholders; the list of shareholders that are foreign investors.

- Copies of:

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

+ Legal documents of shareholders that are organizations, documents about designation of authorized representatives; legal documents of authorized representatives of founding shareholders and shareholders that are foreign organizations.

Legalized copies of legal documents of the members that are foreign organizations.

+ The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Applicants can apply in 2 ways:

- Submit the application directly at the Business Registration Office of the Department of Planning and Investment where the enterprise's head office is located.

- Register online at the National Business Registration Portal (https://dangkytinhdoanh.gov.vn) with a public digital signature or use a business registration account.

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