Dossiers, order, and procedures for enterprise
Dossiers, order, and procedures for enterprise registration comply with the Law on Enterprises 2014
On November 26, 2014, the revised Enterprise Law was passed by the National Assembly to replace the 2005 Enterprise Law, effective from July 1, 2015. The Law on Enterprises 2014 has specified many outstanding new points related to the field of business registration.
1. Enterprise registration file
An enterprise registration dossier is a necessary condition for the business registration agency to consider and grant an enterprise registration certificate to the enterprise.
According to the provisions of the Law on Enterprises 2014, enterprise registration dossiers are prescribed for each type of enterprise:
For private enterprises: stipulated in Article 20 of the Law on Enterprises 2014
For partnerships, limited liability companies and joint-stock companies: provisions in Articles 21, 22 and 23 of the Law on Enterprises 2014, respectively.
In order to register for an enterprise establishment, the enterprise founder needs to prepare a set of documents including: (i) An application form for business registration in a unified form issued by a competent business registration agency. regulatory rights; (ii) List of members (for partnerships, limited companies), list of founding shareholders (for joint-stock companies); (iii) Personal/organization identification of the owner of the private enterprise, founding members, shareholders; (iv) Company charter (for a partnership, limited company, or joint-stock company).
2.Order and procedures for enterprise establishment registration
The order and procedures for enterprise registration are specified in Article 27 of the 2014 Law on Enterprises, whereby enterprise registration is carried out at the business registration office, including the following specific steps. :
2.1. Apply for business registration
Enterprise founders shall submit a complete application for enterprise registration under the provisions of this Law to a competent business registration agency (provincial business registration office) and shall be responsible for the truthfulness and accuracy of the profile content.
2.2. Receive business registration documents
The receipt of an application for enterprise registration is done by the business registration agency recording in the receipt book of the agency, and at the same time giving the founder a receipt of the receipt of a valid application. The time of receiving valid dossiers is considered the basis for determining the time limit for performing the enterprise registration responsibility of the business registration agency. That is why the receipt of the application file is a legal basis for the enterprise founder to exercise his right to appeal in case the business registration office does not issue the registration certificate. Enterprises are on time and there is no notice of the request to amend or supplement the profile.
2.3. Consider the validity of registration documents and issue or refuse to issue Business Registration Certificates
The business registration agency shall examine the application for enterprise establishment registration and issue the enterprise registration certificate within three working days from the date of receipt; If refusing to issue a paper, it shall notify in writing the enterprise founder. The notice must clearly state the reason for and requirements for amendments and supplements.
The business registration agency reviews and takes responsibility for the validity of the dossier when issuing the Enterprise Registration Certificate; not to request the founder of an enterprise to submit additional documents not specified in this Law.
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