Decree No. 01/2021/NĐ-CP on enterprise registration, effective from January 04, 2021. According to this Decree, there are 02 additional cases of authorization to follow enterprise registration procedures in Vietnam.
Article table of contents
According to Article 12 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, 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. (new provision)
(4) If a postal service provider that does not provide public postal services is authorized, such authorization shall follow as the procedures of an organization being authorized. (new provision)
Previously, according to the Decree No. 78/2015/NĐ-CP amended by the Decree No. 108/2018/NĐ-CP, in case the enterprise or its founder authorizes another organization or individual to follow enterprise registration procedures, the authorized person must submit one of the personal identification papers in accordance with law together with:
- A legitimate copy of the service contract between the enterprise or its founder and the enterprise registration agent, and a letter of introduction; or
- The letter of attorney as prescribed by law.
Thus, it can be seen that the Decree No. 01/2021/NĐ-CP of the Government of Vietnam has supplemented 02 cases of authorization to follow enterprise registration procedures which are authorizing for a public postal service provider and authorizing for a postal service provider that does not provide public postal services to follow enterprise registration procedures in Vietnam in comparison to the previous regulation. Thus, from January 04, 2021, there are 04 cases of authorization to follow enterprise registration procedures in Vietnam.
Ty Na
- Key word:
- Decree No. 01/2021/NĐ-CP
