Documents for establishing a business company Business in the field of waste treatment that is not hazardous waste according to the law

Is regular waste treatment a conditional business? What do the documents to establish a business company in the field of waste treatment that is not hazardous waste include?

1. Is normal waste treatment a conditional business?

Is normal waste treatment a conditional business line? Based on STT 217, Appendix IV issued with the 2020 Investment Law, hazardous waste treatment and transportation services business is in the list of conditional business lines. If you treat normal waste, it is not a conditional business, you just need to register for the appropriate business code.

2. What are the documents to establish a business company in the field of waste treatment other than hazardous waste?

Based on Article 19 of the Law on Enterprises 2020 to Article 22 of the Law on Enterprises 2020, depending on the type of business you want to establish, there will be specific documents as follows:

(1) Private enterprise registration documents

– Application for business registration.

– Copies of personal legal documents for private business owners.

(2) Partnership company registration documents

– Application for business registration.

– Company charter.

– List of members.

– Copies of personal legal documents for members.

– Copy of Investment Registration Certificate for foreign investors according to the provisions of the Investment Law.

(3) Limited liability company registration documents

– Application for business registration.

– Company charter.

– List of members.

– Copies of the following documents:

+ Personal legal documents for members who are individuals or legal representatives;

+ Legal documents of the organization for members who are organizations and documents appointing authorized representatives; Legal documents of the individual for the authorized representative of the organizational member.

For members that are foreign organizations, copies of the organization’s legal documents must be consularly legalized;

+ Investment registration certificate for foreign investors according to the provisions of the Investment Law.

(4) Joint stock company registration documents

– Application for business registration.

– Company charter.

– List of founding shareholders; List of shareholders are foreign investors.

– Copies of the following documents:

+ Personal legal documents for founding shareholders and shareholders who are foreign investors who are individuals and legal representatives;

+ Legal documents of the organization for shareholders who are organizations and documents appointing authorized representatives; Legal documents of individuals for authorized representatives of founding shareholders and shareholders who are foreign institutional investors.

For shareholders who are foreign organizations, copies of the organization’s legal documents must be consularly legalized;

+ Investment registration certificate for foreign investors according to the provisions of the Investment Law.

3. Where can I submit documents to establish a business company dealing in non-hazardous waste treatment?

Where to submit documents to establish a business company in the field of waste treatment other than hazardous waste, it is based on Article 32 of Decree 01/2021/ND-CP as follows:

Receive and process business registration documents

1. The person submitting the application for business registration according to the provisions of this Decree submits the application at the Business Registration Office where the enterprise is headquartered.

2. Business registration dossiers are received to enter information into the National Business Registration Information System when the following conditions are met:

a) Have enough documents as prescribed in this Decree;

b) The business name has been filled in in the Application for Business Registration, Application for Change of Business Registration Content, Notice of Change in Business Registration Content;

c) There is a contact address of the person submitting the business registration application;

d) Have fully paid business registration fees and charges as prescribed.

3. After receiving the business registration application, the Business Registration Office shall issue a Receipt of receipt of the application to the applicant.

4. After giving the Receipt of receipt of the application, the Business Registration Office fully and accurately enters the information in the business registration application, checks the validity of the application and downloads the digitized documents in the business registration application into the National Information System on Business Registration.

5. The business founder or enterprise can stop carrying out business registration procedures when the business registration application has not been approved on the National Business Registration Information System. In this case, the person competent to sign the document requesting business registration sends a written request to stop carrying out business registration procedures to the Business Registration Office where the application was submitted. The Business Registration Office shall consider and issue a notice to stop carrying out business registration procedures for businesses and cancel business registration documents according to the process on the National Business Registration Information System within 03 working days from the date of receipt of the written request. In case of refusal to stop carrying out business registration procedures, the Business Registration Office shall issue a written notice and clearly state the reason for refusal to the business founder or enterprise.

Accordingly, the application for registration of a waste treatment business that is not hazardous waste is submitted to the Business Registration Office where the business is headquartered.