On August 23, 2018, the Government of Vietnam issued Decree No. 108/2018/NĐ-CP on amendments to some Articles of Decree No. 78/2015/NĐ-CP on enterprise registration.
Article table of contents
Decree No. 108/2018/NĐ-CP of Vietnam’s Government reduces a number of procedures for enterprise registration. Moreover, this Decree also specifies cases of enterprise registration, specifically as follows:
1. Reducing application and procedures when registering conversion of an enterprise
Decree No. 108/2018/NĐ-CP of Vietnam’s Government stipulates that the enterprise may register conversion of an enterprise and register changes of enterprise registration information or notification of other enterprise registration information, except registration of change of the legal representative.
In this case, the application for registration of conversion shall comply with Clauses 1, 2, 3 and 4 Article 25 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government.
2. Specifically guiding the registration of establishment of an enterprise on the basis of conversion from a business household
Currently, Decree No. 78/2015/NĐ-CP only stipulates application and procedures for conversion of a single member limited company into a multi-member limited liability company and vice versa; conversion of a private enterprise into a limited liability company; conversion of a limited liability company into a joint-stock company and vice versa without stipulating the registration of establishing an enterprise on the basis of conversion from a business household.
Thus, Decree No. 108/2018/NĐ-CP supplements the regulation that the establishment of an enterprise on the basis of conversion from a business household shall be registered at the Business Registration Office of the area where the enterprise’s headquarters is located.
The application includes:
- An original of the certificate of business household registration;
- Legitimate copy of the tax registration certificate;
- Documents specified in Articles 21, 22 and 23 of Decree No. 78/2015/NĐ-CP that vary according to the type of business.
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.
3. The application for registration of enterprise may be submitted by post
Current regulations only allow enterprises to receive Business Registration Certificates by post when registering and paying fees. However, from October 10, 2018, every enterprise may submit the application for enterprise registration and receive the certificate of enterprise registration or certificate of change of enterprise registration information directly at the Business Registration Office or pay a charge to receive it by post.
View more details at Decree No. 108/2018/NĐ-CP of Vietnam’s Government, effective from October 10, 2018.
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- Decree No. 108/2018/NĐ-CP
