What are procedures for establishment of limited liability companies in Vietnam in 2024?

What are procedures for establishment of limited liability companies in Vietnam in 2024?

According to Appendix 2 accompanying Decision 885/QD-BKHDT 2021, the process of establishing a limited liability company (LLC) can be done in the following three methods:

- Registering the establishment of the LLC directly or through postal services

Step 1: The applicant submits the business registration dossier at the Business Registration Office where the company's headquarters is located.

Step 2: After receiving the business registration dossier, the Business Registration Office issues a Receipt of Acceptance of the dossier to the applicant.

If the dossier is incomplete or the requested business name does not comply with regulations, the Business Registration Office will notify the applicant or the company, in writing, about the necessary amendments or supplements within 3 working days from the date of receiving the dossier.

Step 3: The Business Registration Office issues the Certificate of Business Registration within 3 working days from the date of receiving a valid dossier.

- Registering the establishment of the LLC online using a digital signature

Step 1: The applicant fills in the information, uploads electronic documents, digitally signs the business registration dossier, and pays the registration fees and charges through the National Business Registration Portal following the process at the following link: https://dangkykinhdoanh.gov.vn

Step 2: After completing the submission of the business registration dossier, the applicant will receive the Receipt of Acceptance of the dossier electronically.

If the dossier does not meet the requirements for business registration, the Business Registration Office will send an electronic notification to the company requesting amendments or supplements.

Step 3: When the dossier meets the requirements for business registration, the Business Registration Office will proceed with the registration and notify the company about the issuance of the Certificate of Business Registration.

- Registering the establishment of the LLC online using a Business Registration Account

Step 1: The applicant uses the Business Registration Account to fill in the information, upload electronic documents, digitally sign the business registration dossier, and pay the registration fees and charges through the National Business Registration Portal following the process at the following link: https://dangkykinhdoanh.gov.vn

If the registration procedure is authorized to be done by another person using a Business Registration Account, the authorization document must include the contact information of the authorized person for the verification of the submission of the business registration dossier electronically.

Step 2: After completing the submission of the registration dossier, the applicant will receive the Receipt of Acceptance of the dossier electronically.

If the dossier does not meet the requirements, the Business Registration Office will send an electronic notification to the company requesting amendments or supplements.

Step 3: The Business Registration Office issues the Certificate of Business Registration for the company when the dossier meets the requirements and notifies the company about the issuance of the Certificate of Business Registration.

What are procedures for establishment of limited liability companies in Vietnam in 2024? - image from internet

What documents are required for establishment of multi-member limited liability companies in Vietnam?

Pursuant to Article 23 of the Decree 01/2021/ND-CP stipulating application for registration of a multi-member limited liability company or a joint-stock company as follows:

1. Application form for enterprise registration.

2. The company’s charter.

3. List of members of the multi-member limited liability company; lists of founding shareholders and shareholders that are foreign investors of the joint-stock company.

4. Copies of the following documents:

- Legal documents of the enterprise’s legal representative;

- Legal documents of members or founding shareholders and foreign shareholders that are individuals;

- Legal documents of members or founding shareholders and foreign shareholders that are organizations;

- Legal documents of authorized representatives of members or founding shareholders and foreign shareholders that are organizations and their letters of appointment of authorized representatives.

If a member or shareholder is a foreign organization, copies of legal documents of that organization must be legalized;

- Investment registration certificate if the enterprise is founded or co-founded by foreign investors or foreign-invested business entities in accordance with the Law on Investment and its guiding documents.

What documents are required for establishment of single-member limited liability companies in Vietnam?

Pursuant to Article 24 of the Decree 01/2021/ND-CP stipulating application for registration of a single-member limited liability company as follows:

1. Application form for enterprise registration.

2. The company’s charter.

3. Copies of the following documents:

- Legal documents of the enterprise’s legal representative;

- Legal documents of the company’s owner that is an individual;

- Legal documents of the company’s owner that is an organization (except for the State);

- Legal documents of the authorized representative and letter of appointment of authorized representative.

If the company’s owner is a foreign organization, copies of legal documents of that organization must be legalized;

- Investment registration certificate if the enterprise is founded by a foreign investor or foreign-invested business entity in accordance with the Law on Investment and its guiding documents.

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