Procedure for Registration of Joint Stock Company Establishment
1. Legal Basis:
- Circular 47/2019/TT-BTC.- Enterprise Law 2020;- Decree 01/2021/ND-CP;- Circular 01/2021/TT-BKHDT;
According to the provisions of Article 111 of the Enterprise Law 2020, a joint-stock company is an enterprise with charter capital divided into equal parts called shares. The holders of shares are called shareholders of the company. The minimum number of shareholders is three (03), but there is no limit on the maximum number.
Shareholders may be organizations or individuals and they are liable for the debts and other property obligations of the company within the amount of capital they have contributed to the company. A joint-stock company has the right to issue various types of shares to mobilize capital.
The procedure for registering the establishment of a joint-stock company, such as other types of enterprises, is conducted according to Decree 01/2021/ND-CP on enterprise registration. To be specific, as follows:
2. Components of the Dossier:
- Application for enterprise registration of a joint-stock company according to the form specified in Appendix I-4 issued with Circular 01/2021/TT-BKHDT guiding enterprise registration;- Charter of the joint-stock company;- List of founding shareholders of the joint-stock company according to the form specified in Appendix I-7 issued with Circular 01/2021/TT-BKHDT;- List of shareholders who are foreign investors according to the form specified in Appendix I-8 issued with Circular 01/2021/TT-BKHDT;- List of authorized representatives for shareholders who are foreign organizations according to the form specified in Appendix I-10 issued with Circular 01/2021/TT-BKHDT;- Valid copies of identity documents of founding shareholders, shareholders who are foreign investors; authorized representatives of shareholders who are organizations, and persons authorized to carry out the procedures (if any):
+ Shareholder is an individual/authorized representative of shareholder who is an organization/person authorized to carry out the procedures:
++ For Vietnamese citizens: Valid Citizen Identity Card or Identity Card or Vietnam Passport.++ For foreigners: Valid Foreign Passport or equivalent valid documents.+ Shareholder is an organization: Establishment Decision or Enterprise Registration Certificate or equivalent documents.+ Shareholder is a foreign investor or an economic organization with foreign-invested capital: Investment Registration Certificate.
- Copy of the Authorization Document for an individual representing a shareholder who is an organization;- Authorization document for the person submitting the dossier and receiving results if not the legal representative.
3. Submission Method: Submit directly or submit the dossier electronically according to the process on the National Business Registration Portal (https://dangkykinhdoanh.gov.vn).
4. Handling Authority: Business Registration Office - Department of Planning and Investment where the company’s headquarters is located.
5. Processing Time: Within 03 (three) working days from the date of receipt of a complete and valid dossier.
6. Fees:
- 50,000 VND if submitting directly.- Free if submitting electronically.
Respectfully!
