Is it permissible to authorize enterprise registration in Vietnam? What are forms of enterprise registration in Vietnam?
Is it permissible to authorize enterprise registration in Vietnam? What are forms of enterprise registration in Vietnam?
Is it permissible to authorize enterprise registration in Vietnam?
Pursuant to Article 12 of the Decree 01/2021/ND-CP stipulating authorization to follow enterprise registration procedures:
Authorization to follow enterprise registration procedures
The person competent to sign the application form for enterprise registration may authorize another entity to follow enterprise registration procedures according to the following provisions:
1. If an individual is authorized, the application for enterprise registration must include the letter of attorney and copies of legal documents of the authorized individual. The notarization or certification of the letter of attorney is not compulsory.
2. If an organization is authorized, the application for enterprise registration must include the copy of the service contract signed with the enterprise registration service provider, the letter of introduction and legal documents of the person introduced to directly follow enterprise registration procedures.
3. If a public postal service provider is authorized, the postal worker shall submit the copy of application receipt which is made according to the form stipulated by the public postal service provider and bears the signatures of the postal worker and the person competent to sign the application form for enterprise registration.
4. If a postal service provider that does not provide public postal services is authorized, such authorization shall follow Clause 2 of this Article.
As regulated above, it is permissible to authorize enterprise registration in Vietnam in accordance with the law. It is permissible to authorize an individual, an organization or a public postal service provider to follow enterprise registration procedures.
Is it permissible to authorize enterprise registration in Vietnam? What are forms of enterprise registration in Vietnam? - image from internet
What are forms of enterprise registration in Vietnam?
Pursuant to Article 26 of the Law on Enterprises in 2020 stipulating enterprise registration procedures:
Enterprise registration procedures
1. The enterprise’s founder or the authorized person shall apply for enterprise registration at the business registration authority as follows:
a) Direct application at the business registration authority;
b) Submission of the application by post;
c) Online enterprise registration.
2. 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.
3. Applicants may choose between digital signatures and business registration accounts for online enterprise registration.
4. 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.
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As regulated above, there 03 forms of enterprise registration in Vietnam:
- Direct application at the business registration authority;
- Submission of the application by post;
- Online enterprise registration.
What are prohibited acts of naming enterprises in Vietnam?
Pursuant to Article 38 of the Law on Enterprises in 2020 stipulating prohibited acts of naming enterprises in Vietnam:
- Use of any name that is identical or confusingly similar to another enterprise’s name that is registered.
- Use of the name of a state authority, the People’s military unit, political organization, socio-political organization, socio-political-professional organization, social organization, social-professional organization as part or all of an enterprise’s name, unless it is accepted by that authority, unit or organization.
- Use of words or symbols that against the country’s history, culture, ethical values and good traditions.
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