According to Vietnam’s law, documents for establishment of each type of enterprise and business household are different. To help Customers and Members understand these regulations, LawNet would like to summarize them in the article below:
Article table of contents
1. Establishment of a joint stock company
DOWNLOAD APPLICATION FOR ESTABLISHMENT OF A JOINT STOCK COMPANY
Compositions of an application (Article 22 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government):
1. Application form for registration of a joint stock company (enclosed with Circular No. 02/2019/TT-BKHĐT);
2. The company’s charter;
3. List of founding shareholders of the joint-stock company (enclosed with Circular No. 02/2019/TT-BKHĐT);
4. List of foreign shareholders of the joint-stock company (enclosed with Circular No. 02/2019/TT-BKHĐT);
5. List of authorized representatives of foreign shareholders being organizations (enclosed with Circular No. 02/2019/TT-BKHĐT);
6. Legitimate copies of ID papers of founding shareholders, foreign shareholders, authorized representatives of foreign shareholders being organizations and persons authorized to carry out the procedure (if any):
- Shareholders being individuals/authorized representatives of shareholders being organizations/persons authorized to carry out the procedure:
+ Vietnamese citizen: unexpired ID card or Vietnamese passport;
+ Foreigner: unexpired foreign passport or an equivalent document;
- Shareholders being organizations: The decision on establishment or certificate of enterprise registration or an equivalent document;
- Shareholders being foreign investors or foreign-invested business organizations: The certificate of investment registration.
7. Copy of Authorization document for individual to represent the shareholder who is an organization;
8. Authorization document for the person to submit the application and receive results if not the legal representative. This document is not required to be notarized or authenticated.
Place of application: The Business Registration Office - Department of Planning and Investment where the enterprise’s headquarters is situated.
Processing duration: Within 03 working days from the receipt of the satisfactory application (Clause 1 Article 28 of Decree No. 78/2015/NĐ-CP).
2. Establishment of a multi-member limited liability company
DOWNLOAD APPLICATION FOR ESTABLISHMENT OF A MULTI-MEMBER LIMITED LIABILITY COMPANY
Compositions of an application (Article 22 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government):
1. Application form for registration of a multi-member limited liability company (enclosed with Circular No. 02/2019/TT-BKHĐT);
2. The company’s charter;
3. List of members of the multi-member limited liability company (enclosed with Circular No. 02/2019/TT-BKHĐT);
4. Legitimate copies of ID papers of members and members' authorized representatives being organizations:
- Vietnamese citizen: unexpired ID card or Vietnamese passport;
- Foreigner: unexpired foreign passport or an equivalent document;
- Members being organizations: The decision on establishment or certificate of enterprise registration or an equivalent document, the company’s charter or an equivalent document.
5. A copy of the certificate of investment registration if the enterprise is founded or co-founded by foreign investors or foreign-invested business organizations;
6. A copy of the Authorization document for the individual representative of a member who is an organization;
7. Authorization document for the person to submit the application and receive results if not the legal representative. This document is not required to be notarized or authenticated.
Place of application: The Business Registration Office - Department of Planning and Investment where the enterprise’s headquarters is situated.
Processing duration: Within 03 working days from the receipt of the satisfactory application (Clause 1 Article 28 of Decree No. 78/2015/NĐ-CP).
3. Establishment of a single-member limited liability company
DOWNLOAD APPLICATION FOR ESTABLISHMENT OF A SINGLE-MEMBER LIMITED LIABILITY COMPANY
Compositions of an application (Article 23 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government):
1. Application form for registration of a single-member limited liability company (enclosed with Circular No. 02/2019/TT-BKHĐT);
2. The company’s charter;
3. Legitimate copies of ID papers of the company’s owner, authorized representatives of the company’s owner being an organization:
- Vietnamese citizen: unexpired ID card or Vietnamese passport;
- Foreigner: unexpired foreign passport or an equivalent document;
- Owners being organizations: The decision on establishment or certificate of enterprise registration or an equivalent document.
4. A copy of the certificate of investment registration if the enterprise is founded or co-founded by foreign investors or foreign-invested business organizations;
5. Authorization documents for individual representatives of company owners who are organizations;
6. For a single-member limited liability company owned by an organization, which is organized according to the model of having a Board of members, a List of authorized representatives of the owner who is an organization is required (enclosed with Circular No. 02/2019/TT-BKHĐT);
7. Authorization document for the person to submit the application and receive results if not the legal representative. This document is not required to be notarized or authenticated.
Place of application: The Business Registration Office - Department of Planning and Investment where the enterprise’s headquarters is situated.
Processing duration: Within 03 working days from the receipt of the satisfactory application (Clause 1 Article 28 of Decree No. 78/2015/NĐ-CP).
4. Establishment of a partnership
DOWNLOAD APPLICATION FOR ESTABLISHMENT OF A PARTNERSHIP
Compositions of an application (Article 22 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government):
1. Application form for registration of a partnership (enclosed with Circular No. 02/2019/TT-BKHĐT);
2. The company’s charter;
3. List of members of the partnership (enclosed with Circular No. 02/2019/TT-BKHĐT);
4. Legitimate copies of ID papers of members of the partnership:
- Vietnamese citizen: unexpired ID card or Vietnamese passport;
- Foreigner: unexpired foreign passport or an equivalent document.
5. Authorization document for the person to submit the application and receive results if not the legal representative. This document is not required to be notarized or authenticated.
Place of application: The Business Registration Office - Department of Planning and Investment where the enterprise’s headquarters is situated.
Processing duration: Within 03 working days from the receipt of the satisfactory application (Clause 1 Article 28 of Decree No. 78/2015/NĐ-CP).
5. Establishment of a private enterprise
DOWNLOAD APPLICATION FOR ESTABLISHMENT OF A PRIVATE ENTERPRISE
Compositions of an application (Article 21 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government):
1. Application form for registration of a private enterprise (enclosed with Circular No. 02/2019/TT-BKHĐT);
2. Legitimate copies of ID papers of the enterprise’s owner:
- Vietnamese citizen: unexpired ID card or Vietnamese passport;
- Foreigner: unexpired foreign passport or an equivalent document.
3. Authorization document for the person to submit the application and receive results if not the legal representative. This document is not required to be notarized or authenticated.
Place of application: The Business Registration Office - Department of Planning and Investment where the enterprise’s headquarters is situated.
Processing duration: Within 03 working days from the receipt of the satisfactory application (Clause 1 Article 28 of Decree No. 78/2015/NĐ-CP).
6. Establishment of a business household
DOWNLOAD APPLICATION FOR ESTABLISHMENT OF A BUSINESS HOUSEHOLD
Compositions of an application (Article 71 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government):
1. Application form for registration of a business household (enclosed with Circular No. 02/2019/TT-BKHĐT);
2. Legitimate copies of the unexpired ID cards or passports of individuals in the business household or representative of the household;
3. A legitimate copy of the minutes of meeting of the group of individuals on establishment of the business household (in case the business household is established by a group of individuals);
4. Authorization document for the person to submit the application and receive the results if not the founding individual or representative of the household establishing the business.
Place of application: The Finance – Planning Department of the People’s Committee of the district where the household business is situated.
Processing duration: Within 03 working days from the receipt of the application for registration of a business household (Clause 2 Article 71 of Decree No. 78/2015/NĐ-CP).
Thanh Lam
