Is there suspension of registration procedure once the enterprise registration application has been submitted in Vietnam?

Is there suspension of registration procedure once the enterprise registration application has been submitted in Vietnam?

I would like to ask, if the company registration application has been submitted and received by the Business Registration Office, can the registration procedure be stopped? If so, what conditions are required?

Answer: Clause 5, Article 32 of Decree 01/2021/ND-CP stipulates:

5. The enterprise or its founder may stop following procedures for enterprise registration when the application for enterprise registration is not yet approved on the National Enterprise Registration Information System. In this case, the person competent to sign the application form for enterprise registration shall send a written request for termination of procedures for enterprise registration to the Business Registration Office to which the application is submitted. The Business Registration Office shall consider giving a notification of termination of procedures for enterprise registration and cancel the application for enterprise registration on the National Enterprise Registration Information System within 03 working days from the receipt of the enterprise’s request. If the enterprise’s request is refused, the Business Registration Office shall give a written notification in which reasons for such refusal are specified to the enterprise or its founder.

Thus, the prerequisite to suspend carrying out enterprise (company) registration procedures is that the enterprise registration dossier has not been approved on the National Enterprise Registration Information System. At this time, the person competent to sign the business registration request document sends the written request to stop carrying out business registration procedures to the Business Registration Office where the application was submitted.

Is there suspension of registration procedure once the enterprise registration application has been submitted in Vietnam? (Image from the Internet)

Is there a fee for updating information in the enterprise registration application in Vietnam?

Let me ask, my company wants to add and update information in its enterprise registration documents, specifically the company phone number. So is there a fee when doing this procedure?

Answer: According to Point b, Clause 2 and Clause 3, Article 63 of Decree 01/2021/ND-CP regulating updating and supplementing information in business registration documents as follows:

2. The enterprise is obliged to update/add information to the enterprise registration certificate and application for enterprise registration as prescribed in Clause 3 Article 8 of the Law on enterprises as follows:

b) In case update or addition of information to the application for enterprise registration does not cause any changes in the enterprise registration certificate and does not fall into the cases prescribed in Article 56 through 60 of this Decree, the enterprise shall send a notification of updated/added information to the Business Registration Office of province where it is headquartered. The Business Registration Office shall add information to the application for enterprise registration and update information on the National Enterprise Registration Database.

3. The enterprise must not pay fees/charges for enterprise registration when updating/adding information about its telephone number, fax number, email address, website or address due to changes in administrative divisions and in the case prescribed in Point b Clause 2 of this Article.

Thus, based on the above regulations in Vietnam, if an enterprise updates its phone number, it will not have to pay enterprise registration fees. Regarding where to submit, enterprises go to the Business Registration Office where the enterprise is headquartered to make or submit documents online.

Does a enterprise registration letter of attorney need to be notarized or authenticated in Vietnam?

Dear lawyer, I currently want to establish a private business. Because I'm busy with a lot of work, I want to make a letter of attorney for my relatives to register the establishment. So does this letter of attorney need to be notarized or authenticated?

Answer: Pursuant to Clause 1, Article 12 of Decree 01/2021/ND-CP regulating authorization to follow enterprise registration procedures as follows:

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.

Thus, according to the above regulations in Vietnam, you can authorize a relative to register to establish a business without having to notarize or authenticate this letter of attorney.

Best regards