On January 4th 2021, The Government issued Decree 01/2021/NĐ-CP on Enterprise Registration.
Enterprise Registration Dossier
Language: Vietnamese
In case the dossier contains documents in a foreign language, the dossier must have a notarized Vietnamese translation enclosed with the foreign language document.
Personal legal papers:
– Vietnamese citizen: Valid Vietnamese citizen Identification card or Identity card or Vietnamese passport;
– Foreigner: Valid foreign passport or documents to replace valid foreign passport.
Types of Enterprise Registration Dossier regulated in the Decree:
– Registrating Sole Proprietorship;
– Registrating Partnership Registration;
– Registrating Multi-member Limited Liability Company, Joint Stock Company Registration;
– Registrating Single-member Limited Liability Company Registration;
– Registrating Companies established on the basis of Total or Partial or M&A Registration;
– Registrating Enterprise conversion;
– Registrating Household Business to Enterprise conversion;
– Registrating Social Enterprise;
– Registrating credit institutions, foreign bank branches, representative offices of foreign Credit institutions and other foreign organizations engaged in banking activities;
– Registrating securities companies, securities investment fund management companies, securities investment companies, branches of foreign securities companies and branches of foreign fund management companies in Vietnam;
– Registrating activities of branches and representative offices, announcement of establishment of business locations.
Registrating Enterprise online
Enterprise registration account:
Organizations and individuals have the choice to use digital signatures or use Enterprise Registration Account to register businesses via the Internet.
Enterprise registration account is an account used to authenticate enterprise registration documents via the Internet in case the person competent to sign the enterprise registration application does not use a digital signature. Enterprise Registration Accounts are created by the National Information System on Enterprise Registration, granted to individuals to carry out business registration online. Individual access the national portal on business registration to provide information and create a Enterprise Registration Account, each of which is only granted to one individual.
Online Enterprise Registration dossier:
Format as “.doc” or “.docx” or “.pdf”.
An application for enterprise registration online is approved when it fully meets the following requirements:
– There are all papers and the contents of those papers are fully declared in accordance with regulations as in paper documents and presented in electronic form;
– Enterprise registration dossiers via electronic information network must be authenticated by digital signature or directly signed on paper documents and scanned or Enterprise Registration Account of person authorized to sign a written request for enterprise registration or a person authorized by a person authorized to sign the written request for enterprise registration to carry out enterprise registration procedures.
Notification of changes to Enterprise Registration contents Dossier
Language: Vietnamese
In case the dossier contains documents in a foreign language, the dossier must have a notarized Vietnamese translation enclosed with the foreign language document.
Personal legal papers:
– Vietnamese citizen: Valid Vietnamese citizen Identification card or Identity card or Vietnamese passport;
– Foreigner: Valid foreign passport or documents to replace valid foreign passport.
Types of Notification of changes to Enterprise Registration contents Dossier regulated in the Decree:
– Registering relocation of headquarters address;
– Registering change of Enterprise’s name;
– Registering change of general partners;
– Registering replacement of legal representatives of Limited Liability Company and Joint Stock Company;
– Registering change in charter capital, stakes and holdings;
– Registering change of members of a Multi-member Limited Liability Company;
– Registering replacement of owner of a Single-member Limited Liability Company;
– Registering change of Sole Proprietor in case Sole Proprietorship is sold or donated, or Sole Proprietor dies;
– Registering change in capital of Sole Proprietor;
– Notification of addition/change of business lines;
– Notification of changes in information about founding shareholders of unlisted Joint Stock
Companies;
– Notification of change of foreign shareholders of unlisted Joint Stock Companies;
– Notification of changes in tax registration information;
– Notification of changes in information about foreign shareholders; changes in information about authorized representatives of shareholders that are foreign organizations; lease of Sole Proprietorship; changes in information about authorized representatives;
– Registering changes to enterprise registration information of a divided company or acquiring company;
– Registering changes in branch/ representative office/ business location registration information.
Business registration agency
Provencial level and municipality : Business Registration Office under the Department of Planning and Investment – Enterprise registration.
District level: Department of Finance – Planning under District People’s Committee – Household Business registration.
Decree 01/2021/ND-CP takes effect from January 4th, 2021 and replaces Decree No. 108/2018/ND-CP dated September 23, 2018.
