Guidance on registering revisions to the Certificate of Enterprise Registration in Vietnam

Guidance on registering revisions to the Certificate of enterprise registration in Vietnam (Internet image)

1. Guidance on registering revisions to the Certificate of enterprise registration in Vietnam

The registering revisions to the Certificate of enterprise registration according to Article 30 of the Law on Enterprises 2020 is as follows:

- The enterprise must register with the Business Registration Authority when changing the content of the enterprise registration Certificate as stipulated in Article 28 of the Law on Enterprises 2020.

- The enterprise is responsible for registering the change of the content of the enterprise registration Certificate within 10 days from the date of the change.

- Within 3 working days from the date of receipt of the application, the Business Registration Authority is responsible for examining the validity of the application and issuing a new enterprise registration Certificate; if the application is not valid, the Business Registration Authority must notify in writing the content that needs to be amended or supplemented to the enterprise. In case of refusal to issue a new enterprise registration Certificate, it must notify in writing to the enterprise and clearly state the reason.

- registering revisions to the Certificate of enterprise registration according to the court or arbitration decision is carried out according to the following procedures and steps:

+ The person requesting the registering revisions to the Certificate of enterprise registration sends a request for registration of change to the competent Business Registration Authority within 15 days from the date the court judgment, decision takes legal effect or the arbitration award becomes effective. The registration application must include a copy of the court judgment, decision that has taken legal effect or the arbitration award that becomes effective;

+ Within 3 working days from the date of receipt of the request for registration prescribed at point a, clause 4, Article 30 of the Law on Enterprises 2020, the Business Registration Authority is responsible for examining and issuing a new enterprise registration Certificate according to the content of the valid court judgment, decision, or effective arbitration award; if the application is not valid, the Business Registration Authority must notify in writing the content that needs to be amended or supplemented to the person requesting the change. In case of refusal to issue a new enterprise registration Certificate, it must notify in writing to the person requesting the change and clearly state the reason.

2. Procedures for enterprise registration in Vietnam

The procedures for enterprise registration in Vietnam according to Article 26 of the Law on Enterprises 2020 are as follows:

- The person establishing the enterprise or the authorized person shall register the enterprise with the Business Registration Authority via the following methods:

+ Direct enterprise registration at the Business Registration Authority;

+ enterprise registration through postal services;

+ enterprise registration via electronic information network.

- enterprise registration via electronic information network means the person establishing the enterprise submits the enterprise registration application via an electronic information network at the National Business Registration Portal. The enterprise registration dossier submitted via the electronic information network shall include the data as prescribed by the Law on Enterprises 2020 and be presented in the form of electronic documents. The enterprise registration dossier submitted via the electronic information network has the same legal validity as the paper-based enterprise registration dossier.

- Organizations and individuals have the right to choose to use digital signatures as prescribed by the law on electronic transactions or to use a business registration account to conduct enterprise registration via electronic information network.

- A business registration account is an account created by the National enterprise registration System, issued to an individual to conduct enterprise registration via electronic information network. The individual granted a business registration account is responsible before the law for the registration and use of the business registration account to register the enterprise via electronic information network.

- Within 3 working days from the date of receipt of the dossier, the Business Registration Authority is responsible for examining the validity of the enterprise registration dossier and issuing the enterprise registration. If the dossier is not valid, the Business Registration Authority must notify in writing the content that needs to be amended or supplemented to the person establishing the enterprise. In case of refusal to register the enterprise, it must notify in writing to the person establishing the enterprise and clearly state the reason.

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