Regulations you need to know about enterprise ID number, ID numbers of affiliates and business locations of enterprises in Vietnam

Regulations you need to know about enterprise ID number, ID numbers of affiliates and business locations of enterprises in Vietnam (Internet image)

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

1. Regulations you need to know about enterprise ID number, ID numbers of affiliates and business locations of enterprises in Vietnam

Regulations you need to know about enterprise ID number, ID numbers of affiliates and business locations of enterprises in Vietnam according to Article 8 of Decree 01/2021/ND-CP are as follows:

- Each enterprise is issued with a single enterprise ID number. This number is also the enterprise’s taxpayer identification number (TIN) and social insurance participant’s code.

- The enterprise ID number exists throughout its operation and shall not be issued to any other entity. When an enterprise ceases to operate, the enterprise ID number will be invalidated.

- Enterprise ID numbers are created, sent and received automatically by the National Enterprise Registration Information System, tax registration information system, and written on enterprise registration certificates.

- Regulatory agencies shall uniformly use enterprise ID numbers to perform state management tasks and exchange information about enterprises.

- ID numbers of an enterprise’s affiliates are issued to the enterprise’s branches and representative offices. These numbers are also TINs of branches and representative offices.

- ID number of a business location is a series of 5 digits from 00001 to 99999. This number is not TIN of the business location.

- In case the TIN of the enterprise, or its branch or representative office is invalidated as a result of its commission of tax offences, this TIN must not be used in business transactions from the day on which the TIN invalidation is announced by the tax authority.

- With regard to branches and representative offices that are established before November 01, 2015 but have not had their own ID numbers, the enterprise shall directly contact the tax authority to be issued with a 13-digit TIN, and then follow procedures for change of the registration information at the business registration authority as prescribed.

- Enterprise ID numbers of enterprises that are established and operating under the investment license or investment certificate (also the business registration certificate) or another document of equivalent validity, or securities trading license shall be their TINs issued by tax authorities.

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 of Decree 01/2021/ND-CP are as follows:

- Establishing enterprises is the right of every entity. This right is protected by the State.

- The enterprise’s founder or the enterprise has to fully and promptly fulfill the obligation to apply for enterprise registration, disclose information about establishment and operation of the enterprise in accordance with regulations herein and relevant legislative documents.

- Business registration authorities and other agencies are prohibited to harass applicants while receiving and processing applications for enterprise registration.

- Ministries, ministerial agencies, People’s Councils and People’s Committees at all levels are not permitted to promulgate their own regulations on enterprise registration.

Regulations on enterprise registration promulgated by Ministries, ministerial agencies, People’s Councils and People’s Committees at all levels that are contrary to regulations herein shall be no longer valid.

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