Dossier for business registration via electronic information network

What are the documents that need to be prepared to register a business via the electronic information network? Do I have to pay a business registration fee when registering online?

1. Can businesses register businesses via electronic information networks?

Pursuant to Clause 1, Article 42 of Decree 01/2021/ND-CP, there are regulations on business registration via electronic information networks as follows:

“Article 42. Business registration via electronic information networks e

1. Business registration via electronic information network means that a business founder or enterprise registers a business through the National Business Registration Portal. Organizations and individuals have the right to choose to use digital signatures in accordance with the law on electronic transactions or use a Business Registration Account to register a business via electronic information network.”

Accordingly, this is operate legally. Business or enterprise founders can register their business through the National Business Registration Portal according to legal procedures.

In addition, the concept of “business registration account” According to the above provisions, it is understood as follows:

“2. The business registration account specified in Clause 4, Article 26 of the Law on Enterprises is the account used to authenticate business registration documents via the electronic information network in case the person authorized to sign the business registration request does not use a digital signature. The business registration account is created by the National Information System on Business Registration, issued to individuals to perform business registration via the electronic information network. Individuals access the National Business Registration Portal to declare information and create a Business Registration Account. Personal information declared on the National Business Registration Portal to issue a Business Registration Account must be complete and accurate according to the information on the individual’s legal documents and must comply with the applicant’s authentication level of the National Business Registration Information System.

3. One Account Business registration is only granted to an individual. The individual who is granted a business registration account is responsible before the law for the accuracy and legality of the registration information to be granted a business registration account and the use of the business registration account.”

2. What components does a business registration dossier via electronic information network include?

Pursuant to Article 43 of Decree 01/2021/ND-CP, when carrying out business registration via an electronic information network, businesses need to prepare a dossier that includes the following provisions:

– Business registration dossier via electronic information network includes data according to the provisions of this Decree and expressed in electronic document form. Business registration documents via electronic information networks have the same legal value as paper business registration documents.

– Electronic documents are documents in the form of data messages created or digitized from paper documents and accurately and completely represent the content of paper documents. Electronic documents can be formatted as “.doc” or “.docx” or “.pdf”.

– Business registration documents via electronic information network are approved when all of the following requirements are met:

+ Have all the documents and the contents of those documents are fully declared according to regulations like paper documents and expressed in electronic document form. The name of the electronic document must correspond to the name of the document type in the paper file. Persons with authority to sign the application for business registration, members, founding shareholders, shareholders who are foreign investors or other individuals signing the business registration dossier can use digital signatures to sign directly on electronic documents or sign directly on paper documents and scan paper documents according to the formats specified in Clause 2 of this Article;

+ Business registration information is declared on the National Information Portal Business registration experts must be complete and accurate according to the information in the paper documents; includes information about the applicant’s phone number and email;

+ Business registration documents via electronic information network must be authenticated by digital signature or Business registration account of the person competent to sign the business registration request or the person authorized by the person competent to sign the business registration request to carry out business registration procedures. In case of authorization to carry out business registration procedures, accompanied by the business registration dossier, there must be papers and documents specified in Article 12 of this Decree.

3. Does an enterprise registering a business via an electronic information network need to pay a business registration fee?

In Article 5 of Circular 47/2019/TT-BTC, there are cases where fees and charges are exempted, including:

1. Enterprises that add or change information due to changes in administrative boundaries are exempt from business registration fees and fees for publishing business registration contents.

2. Register for enterprise dissolution or business suspension; Termination of branch operations, representative offices, business locations are exempt from business registration fees.

3. Enterprises that register their business online are exempt from business registration fees.

4. State agencies requesting to provide information to serve state management are free to provide business information.

5. Small and medium-sized enterprises converting from business households are exempt from business registration fees and fees for providing business information for the first time.”

Accordingly, in case of business registration via electronic network, the business registration fee is exempted. Therefore, in this case, there is no need to pay the business registration fee.