PROCEDURE OF ESTABLISHMENT
OF A PRIVATE BUSINESS
Conditions for registration of establishment of a private enterprise.
OUTLINES
1. Conditions for registration of establishment of a private enterprise.
1.1 What is a sole proprietorship?
1.2 Điều kiện đăng ký thành lập doanh nghiệp tư nhân.
1.2 Conditions for registration of the establishment of a private enterprise.
2. Application for registration of establishment of a private enterprise..
3. Order and procedures for registration of the establishment of a private enterprise.
- A sole proprietorship is one of the types of models established by an individual, with unlimited liability for the debts and related financial obligations. If you are interested in this type of business and want to register to establish a business, you should not ignore this article!
- Pursuant to Article 188 of the Enterprise Law 2020, a private enterprise is understood as an organizational unit owned and operated by an individual. The owner is responsible for the financial obligations with all his assets related to the business operation.
- This business type is not allowed to issue any type of securities to raise capital. Each person is only entitled to establish one private enterprise, and that person cannot be the owner of the business household/member of a partnership at the same time.
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- A private enterprise registered to be owned by a single individual;
- The registered enterprise name must not be identical or confusing with other units nationwide;
- The head office for registration of enterprise establishment must have a lawful use right, have a clear address, not be in the local planning area or the apartment building has no business function;
- Business registration lines must ensure that they belong to the legal industry system and are not prohibited by law from doing business;
- Investment capital of private enterprises: ensure to meet the legal capital level for industries requiring legal capital..
Dossier for registration of establishment of a private enterprise.
- According to the provisions of the Enterprise Law 2020 and Decree 01/2021/ND-CP, the application for registration of the establishment of a private enterprise includes:
- Application for registration of enterprise establishment - form Appendix I-1 in Circular No. 01/2021/TT-BKHDT dated March 16, 2021;
- A valid copy of one of the personal identification papers of the business owner (according to Article 11 of Decree 01/2021/ND-CP);
- If setting up a social enterprise, it is necessary to attach a commitment to social and environmental goals;
- Dossier for registration of establishment of a private enterprise. In case of converting a social protection establishment or social fund into a social enterprise, it is necessary to submit a decision permitting the conversion of a competent authority;
- In case of converting a social protection establishment or social fund into a social enterprise, it is necessary to submit a decision permitting the conversion of a competent authority;
- If the application is not directly submitted by the business owner, it must have: Authorization letter (no need to notarize or authenticate) and a copy of legal papers of the authorized subject.
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- Step 1: Submit your application
- After preparing a complete set of documents as required, the private business owner or the authorized person submits the application by one of the following methods:
- Order and procedures for registration of the establishment of a private enterprise:
- Step 1: Submit your application After preparing a complete set of documents as required, the private business owner or the authorized person submits the application by one of the following methods: Submitted at the One-Stop Department of the Business Registration Office under the Department of Planning and Investment of the province or centrally run city where the enterprise's head office is located; Apply online, online via electronic network at the National Business Registration Portal (address: https://dangkytinhdoanh.gov.vn).
- Step 2: Handling and processing business registration documents
- Within 03 working days from the date of receipt of the dossier, the Business Registration Office checks the documents, considers them for settlement and transfers them to the One-Stop Department of the Business Registration Office to return the results to the business owner.
- In the event that after the deadline, there is no result of being granted an enterprise registration certificate or a written notice requesting amendments and supplements to the enterprise registration dossier, the owner of the private enterprise may file an application for an enterprise registration certificate. complaints requesting settlement (according to Clauses 2 and 3, Article 33 of Decree No. 01/2021/ND-CP).
- Step 3: Get the result
- In case the application is valid and the owner is granted an enterprise registration certificate, the representative of the enterprise shall receive the result directly at the business registration office or by post (when authorized by the enterprise). business registration for public postal service units).
- The procedure for registering a private enterprise is generally not a difficult one. However, if you have never done it, you may have to revise and adjust your profile many times until it is valid as required by law.
- Above is all the necessary information related to the registration procedure for the establishment of a private enterprise. If you have any questions or need support, please contact us immediately via Hotline 1800 6365 for experts to promptly advise and resolve legal issues.
