Private enterprises is one of the types of businesses that many people choose due to low costs, ease of management, and high flexibility. So, what is a private enterprise? How are the procedures for registering to establish a private enterprise carried out? Or can the owner of a private enterprise also be the owner of a business household? This article shares in detail the regulations surrounding the topic of Private Enterprises according to current legal regulations. 

CSPL:  Article 188 of the Law on Enterprises 2020

             Article 21 Decree 01/2021/ND-CP

1. Private enterprise

– A private enterprise is a business owned by an individual who is solely responsible with all of his or her assets for all activities of the business.

– Private enterprises are not allowed to issue any type of securities.

– Each individual is only allowed to establish one private enterprise. The owner of a private enterprise cannot simultaneously be the owner of a business household or a general partner of a partnership.

– Private enterprises are not allowed to contribute capital to establish or purchase shares or capital contributions in a partnership, limited liability company or joint stock company.

Conclusion: It can be seen that the owner of a private enterprise cannot be the owner at the same time. business household.

2. Order and procedures for registering to establish a private enterprise

2.1. Registration dossier

Dossier to register a private enterprise includes:

+ Business registration application.

+ Copy of personal legal documents for private business owner.

2.2. Procedures and procedures for registering to establish a private enterprise

Case 1. Submit the application directly to the Business Registration Office where the enterprise’s headquarters is located

Step 1. Submit the application

• The registrant submits the application at the one-stop department at the Business Registration Office and pays the registration fee.
• The Business Registration Office receives the application and returns to the submitter a Receipt of receipt of the application for business establishment registration.

Step 2. Appraisal and returns the results

• The Business Registration Office issues the Business Registration Certificate within 03 working days from the date of receipt of the application dossier.
• In case the dossier is not valid, the Business Registration Office will send a written notice of the contents that need to be amended and supplemented to the registrant within 03 working days from the date of receiving the dossier.

Case 2. Registering electronically using the Business Registration Account

– The registrant submits the dossier using the Registration Account business to declare information, download electronic documents and sign to authenticate business registration documents via electronic information network and pay business registration fees and charges according to the process on the national information portal on business registration (https://dangkylanhdoanh.gov.vn).

– After completing the submission of registration documents, the applicant will receive a Receipt of business registration documents via electronic information network element.

– The Business Registration Office issues business registration to businesses in case the application is eligible and notifies the business about the issuance of business registration. In case the dossier does not meet the conditions, the Business Registration Office will send a notice via electronic information network to the enterprise to request amendments and supplements to the dossier.