File for enterprise registration by private enterprise

File for enterprise registration by Vietnamese private enterprise

Post date: 02-05-2014

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The person establishing an enterprise or his or her authorized representative shall submit a complete file for enterprise registration by Vietnamese private enterprise to the provincial business registration office in the locality where the enterprise [proposes to] establish its head office.

File for enterprise registration by Vietnamese private enterprise

File for enterprise registration by Vietnamese private enterprise

I. File for enterprise registration by Vietnamese private enterprise:

1. Request for enterprise registration by private enterprise.
2. Valid copy of one of the lawful documents for personal identification of the owner of the private enterprise:
2.1. Unexpired people”s identity card or passport in the case of a Vietnamese citizen in Vietnam.
2.2. One of the following unexpired documents in the case of a Vietnamese residing overseas:
(a) Vietnamese passport;
(b) Foreign passport (or a document in lieu with equivalent validity) and one of the documents proving the person of Vietnamese origin resides overseas.
2.3. Temporary residence certification in writing issued by the competent Vietnamese body and unexpired passport in the case of a foreign individual who is permanently residing in Vietnam.
2.4. Unexpired passport in the case of a foreign individual who is not permanently residing in Vietnam.
3. Confirmation from the authorized body or organization of the legal capital in the case of enterprises conducting lines of business subject to legal capital requirements by law.
4. Valid copy of the practising certificate of one or more individuals as required by the regulations applicable to private enterprises conducting lines of business for which a practising certificate is required by law.
5. Authorization documents (if any, as guided in Section II below)
6. Contact information for the person lodging registration file.
7.  Document evidencing all fees for enterprise registration has been paid.

II. Authorization of the enterprise registration by Vietnamese private enterprise

Where the owner of enterprises, enterprise authorizes other organization, individuals (the Agent) to lodge file of business registration, to receive the results of solved business registration procedures, when receipt of and replying with the results of enterprise registration, the Business Registration Office shall request the Agent to present its identification card or passport or other personal identification papers and other legal documents as following:
1. The contract between the enterprise owner, enterprise and service provider for lodging and receiving the results of enterprise registration and the introduction letter from such service provider for the individual lodging and receiving the results of enterprise registration; or
2. Written power of attorney for individuals lodging and receiving the results of enterprise registration.

Sources:
- Article 19 of Decree 43/2010/ND-CP dated 15 April 2010 of  Government on enterprise registration: File for enterprise registration by private enterprise
- Decree 05/2013/ND-CP dated 09 January 2013 of Government on amendment of Decree No.43/2010/ND-CP
- Circular 01/2013/TT-BKHĐT dated 21 January 2013 of Ministry of Plan and Investment providing guidance on enterprise registration, in which provides Standard Form Appendix I: Request for enterprise registration by private enterprise.

Lawyervn.net

Posted related texts:
- List of  business lines subject to legal capital requirements by law, Click here
- List of business lines for which a practising certificate is required by law, Click here
- Sample of Power of Attorney, Click here
 

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