Procedures for receipt and processing of applications for enterprise registration in Vietnam

Procedures for receipt and processing of applications for enterprise registration in Vietnam (Internet image)

1. Procedures for receipt and processing of applications for enterprise registration in Vietnam

The procedures for receipt and processing of applications for enterprise registration in Vietnam according to Article 32 Decree 01/2021/ND-CP is as follows:

• The applicant submits the business registration application at the Business Registration Office where the business is headquartered in accordance with this Decree.

• A business registration application will be accepted and inputted into the National Business Registration Information System when the following conditions are met:

  • It contains all the documents specified under Decree 01/2021/ND-CP;

  • The business name is entered in the Application for Business Registration, the Application for Change of Business Registration Details, or the Notification of Changes in Business Registration Details;

  • The application includes contact information for the person submitting the business registration application;

  • The prescribed fees and charges for business registration have been paid in full.

• After receiving the business registration application, the Business Registration Office issues a Receipt for Submission to the applicant.

• After issuing the Receipt for Submission, the Business Registration Office accurately enters the information in the business registration application, verifies the validity of the application, and uploads the digitized documents in the business registration application to the National Business Registration Information System.

• The founder of the business or the business itself may withdraw the business registration application if the application has not been approved on the National Business Registration Information System. In this case, the authorized person must send a written request to the Business Registration Office where the application was submitted to cease the processing of the business registration application.

The Business Registration Office reviews and issues a notification to the business to cease the processing of the application and cancels the business registration application in the National Business Registration Information System within 3 working days from the date the written request is received.

 If the enterprise’s request is refused, the Business Registration Office shall give a written notification in which reasons for such refusal are specified to the enterprise or its founder.

2. Rights to establish enterprises and obligations to apply for enterprise registration in Vietnam

Rights to establish enterprises and obligations to apply for enterprise registration in Vietnam according to Article 5 Decree 01/2021/ND-CP are as follows:

• Establishing a business in accordance with the law is a right of individuals and organizations and is protected by the state.

• The business founder or the business is obliged to fully and promptly perform their obligations regarding business registration, publicly disclose information about the establishment and operation of the business in accordance with the provisions of Decree 01/2021/ND-CP and related legal documents.

• The Business Registration Office and other agencies are strictly prohibited from causing inconvenience to organizations and individuals during the receipt and processing of business registration applications.

• Ministries, ministerial-level agencies, the People's Council, and the People's Committee at all levels are not allowed to issue regulations and documents on business registration applicable only to their sector or locality. Regulations on business registration issued by ministries, ministerial-level agencies, the People's Council, and the People's Committee at all levels that are contrary to the provisions in Decree 01/2021/ND-CP have no legal effect.

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