Vietnam: What does the content of a Certificate of Enterprise Registration include? What are the requirements satisfied by enterprises to be issued Certificates of Enterprise Registration?
What does the content of a Certificate of Enterprise Registration in Vietnam include?
According to the provisions of Article 28 of the Law on Enterprises 2020 as follows:
Content of the Certificate of Enterprise Registration
A Certificate of Enterprise Registration shall contain the following information:
1. The enterprise’s name and EID number;
2. The enterprise’s headquarters address;
3. Full name, signature, mailing address, nationality and legal document number of the legal representative (for limited liability companies and joint stock companies), each partner (for partnerships), the owner (for sole proprietorships). Full name, mailing address, nationality and legal document number of each member that is an individual; name, EID number and headquarters address of each member that is an organization (for limited liability companies);
4. The charter capital (or investment capital if the enterprise is a sole proprietorship).
Accordingly, the content of the Certificate of Enterprise Registration includes:
- The enterprise’s name and EID number;
- The enterprise’s headquarters address;
- Full name, signature, mailing address, nationality and legal document number of the legal representative (for limited liability companies and joint stock companies), each partner (for partnerships), the owner (for sole proprietorships). Full name, mailing address, nationality and legal document number of each member that is an individual; name, EID number and headquarters address of each member that is an organization (for limited liability companies);
- The charter capital (or investment capital if the enterprise is a sole proprietorship).
What are the requirements satisfied by enterprises in Vietnam to be issued Certificates of Enterprise Registration?
Pursuant to Article 27 of the Law on Enterprises 2020 as follows:
Issuance of the Certificate of Enterprise Registration
1. An enterprise will be granted the Certificate of Enterprise Registration when the following conditions are fully satisfied:
a) The registered business lines are not banned;
b) The enterprise’s name is conformable with regulations of Articles 37, 38, 39 and 41 of this Law;
c) The enterprise registration application is valid;
d) The enterprise registration fees are fully paid in accordance with regulations of law on fees and charges.
2. In case a Certificate of Enterprise Registration is lost or damaged, it will be reissued at a fee prescribed by law.
Accordingly, enterprises in Vietnam are issued Certificates of Enterprise Registration when meeting the following conditions:
- The registered business lines are not banned;
- The enterprise’s name is conformable with regulations;
- The enterprise registration application is valid;
- The enterprise registration fees are fully paid in accordance with regulations of law on fees and charges.
What are the enterprise registration procedures in Vietnam?
According to Article 26 of the Law on Enterprises 2020, the enterprise registration procedures are prescribed as follows:
- The enterprise’s founder or the authorized person shall apply for enterprise registration at the business registration authority as follows:
+ Direct application at the business registration authority;
+ Submission of the application by post;
+ Online enterprise registration.
- Online enterprise registration means the enterprise’s founder submitting the electronic enterprise registration application to the National Enterprise Registration Portal. An electronic enterprise registration application shall contain the information prescribed in this Law and has the same legal value as a physical one.
- Applicants may choose between digital signatures and business registration accounts for online enterprise registration.
- A business registration account means an account created by the National Enterprise Registration Information System for an individual to apply for online enterprise registration. The account holder is legally responsible for the obtainment and use of the account for online enterprise registration.
- Within 03 working days from the receipt of the application, the business registration authority shall consider the validity of the application and decide whether to issue enterprise registration. The business registration authority shall inform the applicant of necessary supplementation in writing if the application is invalid or inform the applicant and provide an explanation if the application is rejected.
-The Government shall provide detailed regulations on documentation and interconnected procedures for enterprise registration.
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