PROCEDURES FOR REGISTRATION OF BUSINESS ESTABLISHMENT IN 2022 IN DETAIL
Figure 1. Thinh Tri Law - Consulting on business registration procedures in 2022.
- Currently, in Vietnam, the administrative procedures related to the establishment of a business / establishment of a company have been simplified, at favorable conditions for businesses to have the opportunity to enter the market. However, accessing legal procedures on enterprises still faces many difficulties and certain obstacles. In order for businesses to have a more comprehensive view of the business establishment process, this article Thinh Tri Law will provide detailed instructions on the procedures and process of establishing a business in 2022.
OUTLINES
1. Select the business type.
2. Determine the name of the company, the place where the head office is located, the charter capital of the enterprise and the line of business.
3. Prepare business registration dossiers.
4. Submit business registration dossiers.
5. Get the Certificate of Business Registration.
6. Engrave the company's seal.
7. Announce the contents of enterprise registration.
Process of establishing a company
- Pursuant to the current Enterprise Law, 05 types of enterprises are recognized, including:
- Limited liability company with 2 or more members;
- One member limited liability company;
- Joint Stock Company;
- Partnerships;
- Private enterprise.
- When wishing to establish a business, individuals and organizations must prioritize choosing the right type of business. In order to know which type of business to choose, individuals and organizations must first understand the specific characteristics, characteristics and conditions of each type of business.
- The simplest way is based on the number of members involved in the establishment of the company. If there is only one person setting up the business, you can choose either a sole proprietorship or a one-member limited liability company.
→ More articles: Consulting on 3 current popular business types
Figure 2. Thinh Tri Law - Identify company name, place of head office, charter capital and business lines.
- Company name Pursuant to Article 37 of the Enterprise Law 2020, guided by Decree 01/2021/ND-CP on naming companies, organizations and individuals should note the following points:
- The Vietnamese name will include 02 components: Type of business and proper name of the business;
- The proper name of the company must not coincide with the proper name of another company;
- The company name must not use the name of a State agency, socio-political organization, etc.;
- The company name must not use words or symbols that violate culture, historical traditions, fine customs, etc.
- Where is the company's headquarters?
- Pursuant to Article 42 of the Enterprise Law 2020 stipulates that the head office of an enterprise must be located in the territory of Vietnam and determined according to the boundaries of administrative units.
- Company's charter capital
- The selection of enterprise type is limited liability company, joint stock company, partnership company; Individuals and organizations must be able to determine the charter capital of the enterprise.
- Charter capital is the total par value of shares sold or registered for purchase upon the establishment of the company.
- If it is a partnership or limited company: Charter capital is the total value of assets contributed or committed to by the company founders and owners when conducting the establishment of the company.
Căn cứ: Khoản 34 Điều 4 Luật Doanh nghiệp năm 2020.
- Doanh nghiệp được tự do lựa chọn kinh doanh ngành, nghề mà pháp luật không cấm. Nghĩa là khi tiến hành việc thành lập doanh nghiệp, các cá nhân, tổ chức phải loại trừ các ngành, nghề mà pháp luật cho phép kinh doanh.
- Ngoài ra, cần lưu ý các ngành nghề kinh doanh có điều kiện, các ngành nghề bị hạn chế đầu tư.Pursuant to: Clause 34, Article 4 of the Enterprise Law 2020. Business Enterprises are free to choose business lines and occupations that are not prohibited by law. That is, when conducting the establishment of an enterprise, individuals and organizations must exclude industries and professions that are permitted by law to do business. In addition, it should be noted that the business lines are conditional, the industries are restricted from investment.
- Immediately after receiving enough information of the business and consulting on issues related to the business name, head office, expected business lines, information about members, founding shareholders of the company , charter capital, legal representative. According to the above information, Thinh Tri Law Firm advises on relevant legal issues, drafts company establishment documents to send to customers within 01 working day from the date of receipt of complete information of the cutomer.
- Dossier for establishment of an enterprise/company: According to the provisions of the Enterprise Law 2020, Chapter IV of Decree No. 01/20121 on the order and procedures for business registration for different business types.
- Depending on the type of business that customers want to establish, such as: Joint stock company, limited liability company, other types of businesses. Thinh Tri Law will conduct the preparation of documents and prepare the corresponding dossier. However, normally the business establishment dossier will include the following basic documents:
- Business registration application form;
- Draft of the enterprise charter;
- The list of members for a two-member limited liability company or a list of founding shareholders for a joint stock company;
- Notarized or certified copy. For individuals: valid ID/CCCD/Passport. For organizations: Certificate of business registration for organizations and enclosed personal identification papers of the authorized representative of the organization.
- A written authorization for the representative of the capital share if it is an organization contributing capital to the establishment of the company;
- Other documents (Depending on each case, Thinh Tri Law will advise customers to prepare in accordance with current law);
- Legal service provision contract (authorization contract) to authorize Thinh Tri Law to perform business establishment services for clients.
- After completing the application, individuals and organizations conduct a box at the Business Registration Office of the provincial Department of Planning and Investment where the enterprise is located.
- Pursuant to Decree 01/2021/ND-CP on business registration fees and charges. One of the important steps in the business establishment procedure is the issue of paying the business registration fee, so the business must ensure the payment of fees and charges in full.
- Pursuant to Clause 5, Article 26 of the Law on Enterprises 2020, within 03 working days after the competent authority receives a valid application, the business agency will review the validity of the application and issue a certificate of business registration.
- After obtaining the business registration certificate, the enterprise needs to engrave its seal to serve future transactions when the business goes into operation.
- Pursuant to Article 43 of the Enterprise Law 2020, companies will be able to decide on the type of seal, the number of seals, the form and content of the seal.
- Pursuant to Article 32 of the Enterprise Law 2020, after completing the procedures for establishing an enterprise and being granted an enterprise registration certificate, it is necessary to immediately publish the contents of business registration on the National Portal. on business registration.
→ More articles:
→ What is the company's charter capital? Cases of increase or decrease in charter capital of the company..
→ How much capital is needed to set up a company?
→ Consulting on current 3 popular business types.
→ Should I set up a joint stock company or a 2 member limited company?
- We hope this article will help you have a more general view of setting up a business, if you have any questions about the above, please contact:
THINH TRI LAW FIRM
Hotline: 1800 6365
