Vietnam: When will an enterprise allowed to do business?

On January 04, 2021, the Government of Vietnam issued the Decree No. 01/2021/NĐ-CP on enterprise registration.

doanh nghiệp có quyền hoạt động kinh doanh, Nghị định 01/2021/NĐ-CP

 

According to Article 34 of the Decree No. 01/2021/NĐ-CP of the Vietnam Government, every enterprise shall be issued with an enterprise registration certificate when all of the conditions in Clause 1 Article 27 of the Law on Enterprises of Vietnam are satisfied.

Information on the enterprise registration certificate is effective from its date of issue. The enterprise is entitled to do business from the date of issue of the enterprise registration certificate, except for conditional business lines. In case the enterprise registers the date of commencement of business after the date of issue of the enterprise registration certificate, the enterprise is entitled to do business from the registered date, except for conditional business lines.

Note: The enterprise is entitled to request the Business Registration Office to provide copies of the enterprise registration certificate and pay fees as prescribed. When an enterprise has been issued with a new enterprise registration certificate, the old certificates are no longer effective.

Moreover, Article 35 of the Decree No. 01/2021/NĐ-CP also stipulates that information shall be published in accordance with Clause 1 and Clause 2 Article 32 of the Law on Enterprises of Vietnam. Enterprise registration information shall be published on the National Business Registration Portal. The request for publishing of enterprise registration information and payment of fees thereof shall be made when the enterprise submits the application for enterprise registration. If the enterprise registration certificate is not issued, the fees paid for publishing of enterprise registration information shall be refunded to the enterprise.

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

Le Vy

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