Instructions on application and procedures for registration of changes in investment capital of private enterprise owners in Vietnam

Hello, Lawnet would like to answer as follows:

1. Application for registration of changes in investment capital of private enterprise owners in Vietnam

Appendix I of Decision 885/QD-BKHDT stipulates the newly issued administrative procedures, amendments to documents, and procedures for registering changes in the investment capital of private enterprise owners as follows:

Notice of change in investment capital of private enterprises

- The person competent to sign the business registration request document can authorize other organizations and individuals to carry out business registration procedures:

+ In case of authorizing an individual to carry out business registration procedures, along with the business registration dossier, there must be a written authorization for the individual to carry out procedures related to business registration.
and copies of the legal documents of authorized individuals. This authorization document is not required to be notarized or authenticated.

+ In case of authorizing an organization to carry out business registration procedures, enclosed with the business registration dossier, there must be a copy of the service contract with the service organization performing procedures related to business registration, a letter of introduction from that organization to the individual directly carrying out procedures related to business registration, and a copy of the legal documents of the individual being referred.

+ In case of authorizing a public postal service provider to carry out business registration procedures, postal employees must submit a copy of the application form according to the form issued by the enterprise providing public postal services with the signature of the postal employee and the person authorized to sign the business registration request.

+ In case of authorizing a postal service provider other than a public postal service to carry out business registration procedures, the authorization shall be carried out as in the case of authorizing an organization.

- Number of documents: 01 set.

- Form of notification of change in business registration content (Appendix II-1 of Circular 01/2021/TT-BKHDT):  Download 

2. Procedures for registering changes in investment capital of private enterprise owners in Vietnam

(1) Procedure for registering changes in the investment capital of private enterprise owners:

The business founder or authorized person shall register the business with the Business Registration Authority in the following manner:

- Register your business directly at the Business Registration Office;

- Register your business via postal service;

- Register your business via an electronic information network.

(2) Procedure for registering changes in investment capital of private enterprise owners

- In case of direct registration or via postal service:

+ In the event of an increase or decrease in registered investment capital, the owner of a private enterprise must send a Notice of change in investment capital to the Business Registration Office where the enterprise is headquartered.

+ After receiving the business registration dossier, the Business Registration Office issues a Receipt, checks the validity of the dossier, and issues a Business Registration Certificate to the enterprise.

- In case of electronic registration using a public digital signature:

+ The applicant declares information, downloads electronic documents, signs and authenticates the business registration application via the electronic information network, and pays business registration fees and charges according to the process on the national business registration portal (https://dangkylanhdoanh.gov.vn).

+ After completing the submission of the business registration application, the applicant will receive a receipt for the business registration application via the electronic information network.

+ In the event that the application meets the conditions for business registration, the Business Registration Office shall issue a business registration and notify the business of the business registration. In case the dossier does not meet the conditions for business registration, the Business Registration Office sends a notice via electronic information network to the enterprise to request amendments and supplements to the dossier.

- In case of electronic registration using a business registration account:

+ The applicant uses the Business Registration Account to declare information, download electronic documents, authenticate the business registration application via the electronic information network, and pay business registration fees and charges. according to the process on the national business registration portal (https://dangkylanhdoanh.gov.vn).

In case of authorization to carry out business registration procedures via electronic information network using the business registration account, the authorization document must have contact information of the authorizer to authenticate the submission of business registration documents via electronic information network.

+ After completing the submission of the registration application, the applicant will receive a receipt for the business registration application via the electronic information network.

+ The Business Registration Office issues business registration to businesses if the application is eligible and notifies the business about the issuance of business registration. In case the dossier does not meet the conditions, the Business Registration Office will send a notice via electronic information network to the enterprise to request amendments and supplements to the dossier.

- Announcement of business registration content

+ The request for publication of business registration content is made at the time the enterprise submits its business registration application.

The time limit for resolving a request to register a change in investment capital of a private enterprise owner is within 03 (three) working days from the date of receipt of complete and valid documents.

At the same time, the person submitting the business registration application pays the fee for publishing the business registration content and the business registration fee at the time of submitting the business registration application.

Business registration fees and charges can be paid directly at the Business Registration Office, transferred to the Business Registration Office account, or using electronic payment services. The business registration fee is not refunded to the business in the event that it is not granted business registration.

In the event that the enterprise is not granted business registration, it will be refunded the fee for publishing the business registration content.

Best regards!

Key word: investment capital | in Vietnam | private enterprise | enterprise owners | private enterprise owners |

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