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Dossier and procedures for registration of establishment of a software production enterprise

01/08/2022


DOCUMENT, REGISTRATION PROCEDURES

FOR ESTABLISHING SOFTWARE AGENCY

Hồ sơ, thủ tục đăng ký thành lập doanh nghiệp sản xuất phần mềm

Figure 1. Thinh Tri Law - Dossiers and procedures for registration of

software production enterprises.

  • Currently, software production and business is a very developed field in the Vietnamese market. This leads to the essential need for setting up a software company to grow the business. So, is the application and registration procedure for setting up a software manufacturing business different from that of setting up a business in other industries? Let's find out with Thinh Tri Law in this article.

OUTLINES

1. Dossiers and procedures for setting up a a software agency.

a. Documents to establish a software agency.

b. Submit application for establishment of a software agency.

2. Conditions for operation when establishing a software agency.

4. Incentives for a software agency.

5. FAQs about setting up a software agency.

1. Dossiers and procedures for setting up a software agency

  • Procedures for setting up a software manufacturing enterprise will be carried out according to the following process:

a. Documents to establish a software agency

  • Charter of software production company;
  • Application for registration of software production enterprises;
  • List of founding shareholders (for joint stock companies);
  • List of members (for limited liability companies with 2 or more members);
  • Power of attorney (in case the applicant is not a legal representative);
  • Valid copies of valid IDs/CCCDs/Passports of members, legal representatives and authorized persons to submit dossiers.
  • Note: When setting up a software business, you need to understand and register the correct industry code. The software manufacturing industry code is: 6201: Computer programming – Details: Software production. For industry codes related to software and other software services, you can contact Thinh Tri Law for more advice: 1800 6365.

  More articles: 05 Steps to establish and manage a business..

b. Submit application for establishment of software production enterprise:

 Currently, there are two forms of business registration application, which are direct submission and online submission. However, some large provinces such as: TP. Ho Chi Minh City, Hanoi, Binh Duong, etc. are required to apply online, not in person.

  • Directly:
  • After the enterprise has completed the application, the enterprise shall submit the application at the Business Registration Office of the Department of Planning and Investment of the province/city where the enterprise is headquartered.
  • Time limit for application approval: 03 working days, the Business Registration Office will check the valid documents, the enterprise will be issued with a certificate of business registration. On the contrary, if the dossier is invalid, this competent agency will issue a notice, clearly stating the reason and requesting amendment and supplementation of the dossier.
  • Online
  • Enterprises access the National Portal on business registration and perform the following 5 steps:
  • Step 1: Create an account on the National Portal and log in;
  • Step 2: Create a business registration file;
  • Step 3: Enter information into the system;
  • Step 4: Scan and download attached documents;
  • Step 5: Sign for authentication and submit the business registration application.
  • Within 03 - 05 working days from the date the competent authority receives the application file through the National Portal, the competent authority will send an email reply on the registration of business establishment procedures.
  • In case the application is valid, the enterprise does not need to submit the original application, just print the receipt and receive the results directly at the Business Registration Office under the Department of Planning and Investment;
  • In case the application is not valid, the enterprise must amend and supplement according to the response notice of the Department of Planning and Investment and resubmit the application.
  • To save time in making documents and procedures, businesses can refer to the service of setting up a software production company at Thinh Tri Law, please contact: 1800 6365.

 More articles: Detail procedures for registration of business establishment in 2022

2. Conditions for operation when establishing a software agency

  • Software production enterprises are not on the list of conditional business lines and industries, so they only need to register for business. However, in order to establish a software production company, to be recognized for software production activities as well as enjoy preferential policies, it is necessary to have:
  1. Certificate of business registration or documents specifying functions and tasks issued by competent authorities;
  2. Software products are manufactured under the regulations of the Ministry of Information and Communications; (Refer to the list of software products Circular 09/2013/TT-BTTTT)
  3. The software production process in an enterprise must include 7 stages:
  • Defining requirements;
  • Analyzing and designing;
  • Programming, writing code;
  • Software testing and testing;
  • Completing and packaging software products;
  • Installation, transfer, user manual, maintenance and warranty of software products;
  • Release and distribute software products.
  1. In which, enterprises must perform at least 1 of 2 stages: determining requirements or analyzing and designing. In addition, if the enterprise participates in any of the 7 steps above, the enterprise must have one or more documents to prove the operation corresponding to that stage.

 More article:In which agency do you register to establish a business?

4. Incentives for software agency

 Những ưu đãi cho công ty sản xuất phần mềm

Figure 2. Thinh Tri Law - Incentives for software agency.

  • When establishing a software production company, enterprises will enjoy many tax incentives and investment incentives. Incentives for software agency, including:
  • Software production and software services are not subject to value added tax; Income tax incentives include:
  • Preferential tax rate of 10% for a period of 15 years; tax exemption for 4 years, 50% reduction of payable tax for the next 9 years;
  • Import tax exemption for goods imported to create fixed assets or raw materials, supplies and components imported for production;
  • Exemption or reduction of land use levy, land rent and land use tax;
  • Accelerated depreciation, increasing the amount of expenses deductible when calculating taxable income.

5. FAQs when setting up a software production business:

  1. What is the software industry code?
  • The software manufacturing industry code is: 6201: Computer programming - Details: Software production. Industry codes related to software production and other software services can be contacted by Thinh Tri Law via Hotline:1800 6365.  
  1. What are the steps involved in setting up a software manufacturing company?
  • Procedures for setting up a software production company will include the following steps: Prepare documents and documents; submit the application file at the Department of Planning and Investment (in person or online) and wait for the results..
  1. Is hiring individuals or organizations to write software and resell it as a software production company?
  • No. Because software production companies are required to participate in at least one of two stages: Determine requirements or analysis and design stage. In addition, when participating in any of the 7 stages in accordance with the law, the enterprise has a certificate of operation corresponding to that stage.

More articles: Register to set up a package business.

  • Hope this article will provide useful information for you.
  • To learn more about the service of setting up a software production business, please contact us:

THINH TRI LAW FIRM

Hotline: 1800 6365