Vietnam: The enterprise registration certificate is not a business license

According to Article 5 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, the rights to establish enterprises and obligations to apply for enterprise registration are stipulated as follows:

- Establishing enterprises is the right of every entity. This right is protected by the State.

- The enterprise’s founder or the enterprise has to fully and promptly fulfill the obligation to apply for enterprise registration, disclose information about establishment and operation of the enterprise in accordance with the Decree No. 01/2021/NĐ-CP and relevant legislative documents.

- Business registration authorities and other agencies are prohibited from harassing applicants while receiving and processing applications for enterprise registration.

- Ministries, ministerial agencies, People’s Councils and People’s Committees at all levels are not permitted to promulgate their own regulations on enterprise registration. Regulations on enterprise registration promulgated by Ministries, ministerial agencies, People’s Councils and People’s Committees at all levels that are contrary to the Decree No. 01/2021/NĐ-CP shall be no longer valid.

Moreover, according to Article 6 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, enterprise registration certificate, certificate of branch/representative office registration, certificate of business location registration shall be issued to the enterprise and its branch, representative office and business location. Contents of the enterprise registration certificate, certificate of branch/representative office registration, certificate of business location registration shall be written according to information included in the application for enterprise registration. The enterprise registration certificate is also the tax registration certificate of the enterprise. 

Note: The enterprise registration certificate is not a business license.

In case the contents of an enterprise registration certificate, certificate of branch/representative office registration, certificate of business location registration in the form of electronic data on the National Enterprise Registration Database is at the same time different from those of the paper certificate, the one on which the information is consistent with the information included in the application for enterprise registration shall prevail.

More details at the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, effective from January 04, 2021.

Le Vy

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