Procedures for registration of conversion from household business into enterprise in Vietnam

Procedures for registration of conversion from household business into enterprise in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Procedures for registration of conversion from household business into enterprise in Vietnam

According to Article 27 of Decree 01/2021/ND-CP, the registration of conversion from household business into enterprise is as follows:

1. Prepare documents

Documents to convert a business household into an enterprise include:

(1) Original certificate of household business registration

(2) Copy of the tax registration certificate

(3) Other documents including

- Application for registration of a sole proprietorship

+ The application form for enterprise registration.

+ The copies of legal documents of the sole proprietor.

- Application for registration of a partnership

+ Application form for enterprise registration.

+ The company’s charter.

+ List of general partners.

+ Copies of the following documents:

++ Legal documents of general partners that are individuals; Legal documents of general partners that are organizations; Legal documents of authorized representatives and letters of appointment of authorized representatives.

If a general partner is a foreign organization, copies of legal documents of that organization must be legalized;

++ Investment registration certificate if the enterprise is founded or co-founded by foreign investors or foreign-invested business entities in accordance with the Law on Investment and its guiding documents.

- Application for registration of a multi-member limited liability company or a joint-stock company

+ Application form for enterprise registration.

+ The company’s charter.

+ List of members of the multi-member limited liability company; lists of founding shareholders and shareholders that are foreign investors of the joint-stock company.

+ Copies of the following documents:

++ Legal documents of the enterprise’s legal representative;

++ Legal documents of members or founding shareholders and foreign shareholders that are individuals; legal documents of members or founding shareholders and foreign shareholders that are organizations; legal documents of authorized representatives of members or founding shareholders and foreign shareholders that are organizations and their letters of appointment of authorized representatives.

If a member or shareholder is a foreign organization, copies of legal documents of that organization must be legalized;

++ Investment registration certificate if the enterprise is founded or co-founded by foreign investors or foreign-invested business entities in accordance with the Law on Investment and its guiding documents.

- Application for registration of a single-member limited liability company

+ Application form for enterprise registration.

+ The company’s charter.

+ Copies of the following documents:

++ Legal documents of the enterprise’s legal representative;

++ Legal documents of the company’s owner that is an individual; Legal documents of the company’s owner that is an organization (except for the State); Legal documents of the authorized representative and letter of appointment of authorized representative.

If the company’s owner is a foreign organization, copies of legal documents of that organization must be legalized;

+ Investment registration certificate if the enterprise is founded by a foreign investor or foreign-invested business entity in accordance with the Law on Investment and its guiding documents.

If foreign investors/foreign-invested business entities contribute capital to or purchase of shares/stakes of the enterprise converted from a household business in case procedures for registration of capital contribution or purchase of shares/stakes must be followed in accordance with the Law on Investment, the application for enterprise registration must include the written approval given by the investment registration authority for capital contribution or purchase of shares/stakes by such foreign investors/foreign-invested business entities.

2. Application submission

The application for registration of an enterprise which is converted from a household business shall be submitted to the Business Registration Office of province where the enterprise will be headquartered.

3. Settlement time

Within 3 working days from the date of receiving valid documents, the Business Registration Office will issue a business registration certificate to the business household that wants to convert.

Within 02 working days from the date of issue of the enterprise registration certificate, the Business Registration Office shall send the copy of the enterprise registration certificate and original certificate of household business registration to the business registration authority of district where the household business is located for completing procedures for shutdown of the household business.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE