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中文 (中国)What is the minimum capital when registering to establish a business?is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
charter capital is one of the key contents when registering to establish a business. So according to current law, how is charter capital regulated? How much capital is needed to establish a business? This article provides some regulations on charter capital and issues surrounding charter capital according to the Law on Enterprises 2020.
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charter capital
1. Concept
According to the provisions of Clause 34, Article 4 of the Law on Enterprises 2020,charter capitalis defined as follows:
“charter capitalis the total value of assets contributed or committed to be contributed by company members and owners when establishing a limited liability company or partnership; is the total par value of shares sold or registered to buy when establishing a joint stock company.
From the perspective of common interests, the level of registered charter capital partly represents the scale of operations and financial potential of the enterprise. Helps businesses easily access potential partners and customers to maintain and accelerate development when conducting business activities.
From the perspective of personal interests, charter capital is important in determining the capital contribution ratio of owners and members of the company. This is the basis for dividing the rights and obligations of these subjects when participating in establishing the company.
Currently, there are no legal regulations on minimum or maximum levels when registering charter capital (except for conditional business lines). This means that individuals and organizations that declare their charter capital can still register their business.
2. Assets are used to contribute capital
Assets used for capital contribution are Vietnamese Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, technical know-how, and other assets that can be valued in Vietnamese Dong.
For members of limited liability companies, partnerships and shareholders of joint stock companies, ownership of assets contributed as capital must be transferred to the company according to the following provisions:
- For assets with registered ownership or land use rights, the capital contributor must carry out procedures to transfer ownership of that asset or land use rights to the company according to the provisions of law. The transfer of ownership and land use rights for assets contributed as capital is not subject to registration fees;
- For assets whose ownership rights are not registered, capital contribution must be done by handing over the contributed assets with confirmation by a record, except in cases where it is done through an account.
3. Time limit for capital contribution
– For owners of one-member limited liability companies, capital contributing members of limited liability companies with two or more members and shareholders of joint stock companies, they must contribute capital to the company in full and with the right type of assets as committed when registering to establish the business within 90 days from the date of issuance of the Business Registration Certificate.
– For general partners and capital contributing members of A partnership that must contribute capital must contribute the full amount of capital on time as committed by the members.
Legal capital
Legal capital is the minimum capital level set by the State agency for individuals and organizations conducting business in conditional industries.
Legal capital only applies to a number of conditional industries, due to its sensitive nature. and the influence of these professions on the domestic economy and society. Therefore, regulating the minimum capital level aims to create a stable and competitive business environment, prevent financial risks and protect both consumers and related partners.
Legal capital for some industries is as follows:
+ Minimum 20 billion VND for real estate business ;
+ Minimum Minimum 5 billion VND for labor export industry;
+ Minimum 2 billion VND for labor subleasing industry;
+ Minimum 5 billion VND for auditing services;
+ Minimum 25 billion VND for stock brokerage;…
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.
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Practical points to review
For the topic “What is the minimum capital when registering to establish a business? in Vietnam”, readers should compare the legal rule with the actual documents, parties involved, timeline and evidence before choosing a course of action.
- Identify the legal relationship, signing authority and documents creating rights or obligations.
- Check deadlines, notices, payment records, approvals and evidence that may affect the legal position.
- Assess whether negotiation, document correction, complaint, arbitration, court proceedings or another route is suitable.
Documents to prepare
- Contracts, annexes, decisions, notices, emails, messages, payment records and handover/acceptance minutes where relevant.
- Enterprise, asset, license or identity documents connected to the matter.
- A short timeline of key events and the outcome expected from the review.
When to seek legal advice
If the matter has high value, strict deadlines, multiple parties, unclear evidence or potential dispute risk, consider discussing the file with ANT Legal before signing, responding or filing a claim.
Related service: ANT Legal services. You may also contact ANT Legal through the official website.
This content is for general reference only and does not replace legal advice for a specific file. A service relationship is formed only after scope and fees are agreed.
