Vietnam: Guidelines for registering establishment of an enterprise on the basis of conversion from a business household

Decree No. 108/2018/NĐ-CP of Vietnam’s Government supplements the regulation on registering establishment of an enterprise on the basis of conversion from a business household, specifically as follows:

Place of registration:

The Business Registration Office of the area where the enterprise’s headquarters is located;

Application:

(1) An original of the certificate of business household registration;

(2) Legitimate copy of the tax registration certificate;

(3) Documents that vary according to the type of business.

- Application for registration of private enterprises:

+ Application form for enterprise registration.

+ Legitimate copy of one of the private enterprise’s owner ID papers: unexpired ID card or Vietnamese passport (Vietnamese citizen); Unexpired foreign passport or an equivalent document (foreigner).

- Application for registration of multi-member limited liability companies, joint-stock companies, and partnerships:

+ Application form for enterprise registration.

+ The company’s charter.

+ List of members of the multi-member limited liability company or partnership; list of founding shareholders and foreign shareholders of the joint-stock company. List of authorized representatives of foreign shareholders being organizations.

+ Legitimate copies of:

• ID paper if the founder is an individual;

• The decision on establishment or certificate of enterprise registration or an equivalent document, ID paper of the authorized representative and the letter of attorney if the founder is an organization;

• The certificate of investment registration if the enterprise is founded or co-founded by foreign investors or foreign-invested business organizations according to the Law on Investment and its instructional documents.

- Application for registration of single-member limited liability company:

+ Application form for enterprise registration.

+ The company’s charter.

+ A legitimate copy of one of the authorized representative’s ID papers if the single-member limited liability company is operated under regulations.

+ A list of authorized representatives and legitimate copies of ID papers of each authorized representative if the single-member limited liability company is operated under regulations.

+ Legitimate copies of:

• ID paper of the company’s owner if the company is owned by is an individual;

• The decision on establishment or certificate of enterprise registration or an equivalent document, the Charter or an equivalent document of the company’s owner if the company’s owner is an organization (except for the State);

• The certificate of investment registration if the enterprise is founded by foreign investors or foreign-invested business organizations according to the Law on Investment and its instructional documents.

Processing time limit

Within 02 working days from the issuance date of the certificate of enterprise registration, the Business Registration Office shall send a copy of the certificate of enterprise registration and original certificate of business household registration to the business registration authority of the district where the business household is located to shut down the business household’s operation.

View more details at Decree No. 108/2018/NĐ-CP of Vietnam’s Government on amendments to Decree No. 78/2015/NĐ-CP on enterprise registration.

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