What is a business establishment declaration is legal content that readers often need to check carefully before implementing it in practice. This article has been reorganized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
After a business is established. Public notification is an extremely important issue. This is considered a form of introducing the business’s activities to the public. Such a notification is also known as a business establishment announcement. So, what does the announcement look like? What content is included? ANT Legal We would like to send you some information about the announcement so that businesses can better understand.
Legal basis
Law on Enterprises 2020
Law on Investment 2020
What is a business establishment declaration?
First of all, businesses need to clearly understand what a statement is? Announcements are announcements and announcements related to the activities of the enterprise. Activities upon establishment, change, addition or termination of the company must be announced. In other words, announcement is an announcement or announcement related to the business. This announcement is based on the business registration certificate.
Thus, announcing the establishment of a business is a public announcement that the business has come into operation. And this is a mandatory procedure. This also helps widely introduce everyone to your business. It can be seen that announcing the establishment of a business plays a very important role. Therefore, newly established businesses need to pay attention to this issue.
Legal regulations on business establishment declaration?
According to the provisions of the Law on Enterprises 2020. After the enterprise is granted a business registration certificate. Deadline within 30 days. And the certificate is duly issued by the competent authority. The enterprise shall fulfill its obligation to publicly announce information about the enterprise. All information will be posted on the National Business Information Portal. This information portal belongs to the business registration management agency.
Cases where businesses must post statements
According to current regulations, businesses must post a statement if they fall into one of the following cases:
- The time immediately after the new enterprise is established;
- The time immediately after the content on the business registration certificate is changed;
- The time immediately after the decision to dissolve the enterprise is approved and takes effect
- At the time when there is a notice from the enterprise about the issuance of common shares; but according to the ratio of shares available to common shareholders of the enterprise.
Note: The information on the statement posted by the enterprise must match the content on the business registration certificate.
Content of the enterprise establishment declaration
The contents of the enterprise establishment declaration must contain the following basic information:
1. Business name;
2. Address information of the company’s headquarters, representative offices, branches;
In case of a partnership or limited liability company, the statement must have information about the amount of charter capital;
In the case of a private enterprise, the statement must have initial investment capital
In case the enterprise is a joint stock company, it is necessary to provide information about the value of share capital, the number of shares contributed and the number of shares allowed to be issued.
For businesses with business lines that have legal capital according to the provisions of law. This content is also required in the business establishment announcement.
4. Information of the legal representative of the business. Includes information about full name; permanent address; nationality; Personal legal document number (identity card number; citizen identification number; or passport number)
5: Information about members, founding shareholders or business owners.
6: Information about location and place of business registration
How much is the fee for posting a business establishment announcement?
According to Circular No. 215/2016/TT-BTC issued by the Ministry of Finance, the registration fee for business establishment announcement is: 300,000 VND/file. And businesses must close immediately at the time of request for announcement.
In addition, businesses are free to register for announcements in the following cases:
- In case of announcement of seal sample;
- Disclosure of dissolution information about enterprise dissolution;
- Enterprises have additional or changed information due to changes in administrative boundaries;
- Enterprises only update and supplement information in the business registration dossier without changing the content of the Business Registration Certificate and are not included in the cases of notification of changes in business registration content specified in Articles including Article 49, Article 51, Article 52 of Decree No. 78/2015/ND-CP;
- Notifications of changes change of investment capital of private enterprise owners according to the provisions of Article 50 of Decree No. 78/2015/ND-CP;
- Notifications of changes in tax registration content according to the provisions of Article 53 of Decree No. 78/2015/ND-CP;
- Notices of changes to business manager information, notices of private share offerings, notices private enterprise leasing, notice of change in authorized representative information as prescribed in Article 54 of Decree No. 78/2015/ND-CP;
How to register a company establishment statement
Step 1: Visit the website http://dangkylanhdoanh.gov.vn
Once accessed, navigate to the “Electronic Statements” section. Businesses need to log in to their registered account on the system (if you do not have an account, register to create a new one)
Step 2: Create statements
In the “Functions” section, select “Electronic statements”, then select “Create statements”
Businesses need to enter the business code or internal code to search for the business
Select “Search”, this time the business information will be displayed on the screen.
Step 3: Start posting business establishment announcements
– In the information field “Type of announcement”, select “Registering new business establishment”
– Click the “Add to order” button to add a statement to the order;
– Click the “View cart” button to open the order,
The screen will display order information
– Enter full name, email (required) and other information
Continue Click the “Next” button to proceed to the order confirmation section
– Click to select “Terms and conditions of use”, then click “Confirm and pay” to confirm and pay for the electronic order.
– After successful payment, “Order completed” will be displayed
At this time, on the National Business Registration Portal system, the announcement of business establishment will be posted.
Above is the entire consulting opinion of ANT Legal About Business Establishment Announcement. The advice or legal documents cited above may have changed or expired at the present time. Customers please contact us for accurate advice and support.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
Related Articles
- Can a company that is doing business in accounting services contribute capital to establish another company that does business in accounting services?
- Regulations on hiring accounting services and chief accountant services according to Vietnamese law
- What conditions are required to apply for a Business Registration License for foreign investors? How are the documents, order and procedures regulated?
- Who has the authority to appoint the chief accountant in a state-owned single-member limited liability company?
- Can a general partner be a Director of a Joint Stock Company? What rights and obligations do general partners have in a partnership company?
