What are personal legal documents included in application for enterprise registration in Vietnam?

What are personal legal documents included in application for enterprise registration in Vietnam? (Internet image)

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

1. What are personal legal documents included in application for enterprise registration in Vietnam?

According to Article 11 of Decree 01/2021/ND-CP, the regulations on personal legal documents included in application for enterprise registration are as follows:

- For a Vietnamese citizen: unexpired citizen identity card or ID card or Vietnamese passport.

- For a foreigner: unexpired foreign passport or an equivalent document.

2. Regulations on enterprise ID number, ID numbers of affiliates and business locations of enterprises in Vietnam

Regulations on enterprise ID number, ID numbers of affiliates and business locations of enterprises in accordance with 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.

3. Regulations on authorization to follow enterprise registration procedures in Vietnam

According to Article 12 of Decree 01/2021/ND-CP, the person competent to sign the application form for enterprise registration may authorize another entity to follow enterprise registration procedures according to the following provisions:

- If an individual is authorized, the application for enterprise registration must include the letter of attorney and copies of legal documents of the authorized individual. The notarization or certification of the letter of attorney is not compulsory.

- If an organization is authorized, the application for enterprise registration must include the copy of the service contract signed with the enterprise registration service provider, the letter of introduction and legal documents of the person introduced to directly follow enterprise registration procedures.

- If a public postal service provider is authorized, the postal worker shall submit the copy of application receipt which is made according to the form stipulated by the public postal service provider and bears the signatures of the postal worker and the person competent to sign the application form for enterprise registration.

- If a postal service provider that does not provide public postal services is authorized, such authorization shall follow Clause 2 of Article 12 of Decree 01/2021/ND-CP.

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