Recently, the Government of Vietnam has issued the Decree No. 01/2021/NĐ-CP on enterprise registration. This Decree gives detailed guidelines on online business registration.
Article table of contents
Specifically, according to Article 42 of the Decree No. 01/2021/NĐ-CP of the Vietnam’s Government, online enterprise registration means the application for enterprise registration which is submitted by the enterprise or its founder via the National Business Registration Portal.
In which, applicants are entitled to use digital signatures in accordance with regulations of the Law on electronic transactions or business registration accounts to apply for enterprise registration online.
An online application for enterprise registration includes:
- There are sufficient electronic documents with complete contents as paper documents. Names of electronic documents must be relevant to names of paper documents.
The person competent to sign the application form for enterprise registration, members, founding shareholders, shareholders that are foreign investors or other individuals that sign documents included in the application for enterprise registration may use digital signatures to sign electronic documents or append their signatures to paper documents which then shall be scanned in the formats prescribed in Clause 2 Article 43 of the Decree No. 01/2021/NĐ-CP. (New provision)
- Enterprise registration information provided on the National Business Registration Portal must be adequate and accurate as that in paper documents, and includes information about telephone number and email address of the applicant. (Information about telephone number and email address of the applicant are not required in the old provision)
- An online application for enterprise registration must be authenticated with a public digital signature or business registration account of the person competent to sign the application form for enterprise registration or his/her authorized person. In case of authorization to following procedures for enterprise registration, the application for enterprise registration must include the documents specified in Article 12 of this Decree.
Note: Electronic document is a document in the data form created or digitalized from the paper document, which contains the exact and complete information on the paper document. The electronic document is in the .doc, .docx or .pdf format.
Some mandatory provisions for application for online business registration:
(1) Application for online business registration include information prescribed in this Decree and shown in the form of an electronic document.
(2) An online application for enterprise registration shall have the same legal validity as a physical one.
(3) The enterprise is required to revise/complete its online application for enterprise registration within 60 days from the date on which the Business Registration Office gives a notification of necessary revisions. Over the abovementioned deadline, if the enterprise fails to complete its online application for enterprise registration as requested, the Business Registration Office shall cancel the received application according to the process on the National Enterprise Registration Information System.
(4) Over the 60 days, if the enterprise fails to complete its online application for enterprise registration as requested, the Business Registration Office shall cancel the received application according to the process on the National Enterprise Registration Information System.
More details at the Decree No. 01/2021/NĐ-CP of the Vietnam’s Government, effective from January 04, 2021.
Le Hai
- Key word:
- Decree No. 01/2021/NĐ-CP
