What is authorization to follow enterprise registration procedures in Vietnam?

1. What is authorization to follow enterprise registration procedures in Vietnam?

In Article 12 of Decree 01/2021/ND-CP stipulating authorization to follow enterprise registration procedures, according to which:

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.

2.  What are regulations on granting enterprise registration under contingency procedures in Vietnam?

According to Article 13 of Decree 01/2021/ND-CP stipulating granting enterprise registration under contingency procedures, as follows:

1. Granting enterprise registration under contingency procedures means granting enterprise registration without using the National Enterprise Registration Information System. Granting enterprise registration under contingency procedures shall be employed upon the occurrence of any of the following events:

a) The National Enterprise Registration Information System is in construction or upgradation progress;

b) The National Enterprise Registration Information System encounters technical problems;

c) War, rebellion, disaster or another force majeure event occurs.

Depending on the expected time of recovery of the National Enterprise Registration Information System, except for force majeure events, the Ministry of Planning and Investment shall give a prior notice to business registration authorities to grant enterprise registration under contingency procedures.

2. Cooperation between business registration authorities and tax authorities in enterprise registration under contingency procedures shall comply with procedures for paper document transfer.

3. Within 15 working days from the end of contingency procedures for enterprise registration, business registration authorities must update new enterprise registration data on the National Enterprise Registration Database.

3. What are regulations on business registration authorities in Vietnam?

Pursuant to Article 14 of Decree 01/2021/ND-CP stipulating business registration authorities, as follows:

1. Each of provinces and central-affiliated cities (hereinafter referred to as “provincial level”) and urban/suburban districts, district-level towns and provincial cities (hereinafter referred to as “district level”) shall have a business registration authority. To be specific:

a) The provincial-level business registration authority is the Business Registration Office which is affiliated to the provincial Department of Planning and Investment (hereinafter referred to as “Business Registration Office”).

Each Business Registration Office may open branches within the province to receive applications and return results;

b) The district-level business registration authority is the Finance – Planning Department affiliated to the district-level People’s Committee (hereinafter referred to as “district-level business registration authority”).

2. Each business registration authority has its own account and seal.

Best Regards!