Procedures for registering to establish a private ent...

Procedures for registering to establish a private enterprise in Vietnam 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 way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.

Do you want to register to establish a private enterprise but don’t know where to start? Are you having difficulty in the process of filing a registration application to establish a private enterprise? ANT Legal Law Consulting will help you have an overview of registering to establish a private enterprise.

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What is a private enterprise (DNTN)?

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

Each individual is only entitled to establish one DNTN. At the same time, you cannot be the owner of a business household or a general partner of a partnership company. Private enterprises are not allowed to contribute capital to establish or purchase shares or capital contributions of partnerships, limited liability companies or joint stock companies.

Dossier components

1. Registering to establish a private enterprise

Application for business registration according to Appendix I-1
Copy of legal documents of the individual for the owner of a private enterprise

2. In case of social enterprise registration

Application for business registration according to Appendix I-1
Copy of personal legal documents for private business owners
Commitment to implementing social and environmental goals of private enterprise owners according to Appendix II-26

3. In case of registering to establish a business on the basis of conversion from a business household

Application for business registration according to Appendix I-1
Copy of personal legal documents for private business owners
Original copy of Business Household Registration Certificate
Copy of Registration Certificate tax

4. In case of registering to establish a social enterprise on the basis of conversion from a social protection facility, social fund, charity fund

Application for business registration according to Appendix I-1
Copies of personal legal documents for private business owners
Commitment to implementing social and environmental goals of the private enterprise owner according to the appendix II-26
Decision allowing conversion into a social enterprise in writing from the competent authority that has issued the license to establish a social protection facility, social fund, charity fund
Establishment registration certificate for social protection facilities, establishment license and recognition of fund charter for social funds, charity funds
Copy of Certificate receive tax registration
Document of the Investment Registration Authority approving capital contribution, share purchase, purchase of capital contribution of foreign investors, economic organizations with foreign investment capital in cases where procedures for registration of capital contribution, share purchase, purchase of capital contribution must be carried out according to the provisions of the Investment Law

5. In case of authorizing an individual to carry out business registration procedures

Along with the application for registration of establishing a private enterprise, you need to have:

Authorization document for the individual to carry out procedures related to business registration. This authorization document is not required to be notarized or authenticated
Copy of legal documents of the authorized individual

6. In case of authorizing an organization or unit providing a postal service that is not a public postal service to carry out business registration procedures

Along with the registration documents to establish a private enterprise, you need:

A copy of the service provision contract with the service organization performing procedures related to business registration
Introduction letter of that organization to individual directly carrying out procedures related to business registration
Copy of legal documents of the individual being introduced

7. In case of authorizing a unit providing public postal services

When carrying out business registration procedures, postal staff must submit: A copy of the application submission form according to the form issued by the business providing public postal services with the confirmation signature of the postal staff and the person authorized to sign the business registration request.

Actual order present

1. In case of direct registration or via postal service

– The person who submits business registration documents at the Business Registration Office where the business is headquartered.
– After receiving, the Business Registration Office gives a Receipt of receipt of the application to the applicant. The Business Registration Office issues the Business Registration Certificate within 03 working days from the date of receipt of valid documents.
– In case the dossier is not valid, the Business Registration Office will notify in writing the content that needs to be amended and supplemented to the business founder or enterprise within 03 working days from the date of receiving the dossier.

2. In case of electronic registration using public digital signatures

– The applicant declares information, downloads electronic documents, and authenticates the business registration application via the electronic information network. Besides, pay business registration fees and charges according to the process on national information portal on business registration.
– After that, you will receive a Receipt of business registration documents via electronic information network.
– In case the application meets the conditions for business registration, the Business Registration Office shall issue business registration. And notify businesses about granting business registration. In case the dossier does not meet the conditions, the Business Registration Office sends a notice via the electronic information network to the enterprise to request amendments and supplements to the dossier.

3. In case of electronic registration using the Business Registration Account

– The applicant uses the Business Registration Account to declare information, download electronic documents and authenticate the business registration application via the electronic information network. At the same time, pay business registration fees and charges according to the process on national information portal on business registration. In case of authorization, the authorization document must have contact information of the authorizer to authenticate the submission of business registration documents via electronic information network.
– After completion, the applicant will receive a receipt of the business registration application via the electronic information network.
– 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.

Disclosure of business registration contents

The request for publication of business registration contents is made at the time the enterprise submits its business registration application. The published content includes the contents of the Business Registration Certificate and information about business lines and professions.

How to do it

The person submitting the business registration application pays the fee for announcing the business registration content and the business registration fee at the time of submitting the business registration application. Business registration fees and charges can be paid in the following ways:

Directly at the Business Registration Office
Transfer to the account of the Business Registration Office
Using electronic payment services.

In case the business is not granted business registration, the business will be refunded the public fee Announcing the contents of business registration. However, the business registration fee is not refundable to the business.

Business registration consulting service

»» National company and business establishment services

For quick business registration, ANT Legal Law Consulting is always ready to support:

Detailed advice on the steps to register to establish a new business;
Help you carry out business registration procedures quickly receive business registration certificate;
Consulting and implementing a full package of business procedures such as: Making seals and publishing seal samples; open a bank account; Support for initial accounting records and tax reports…;
Support for building business structure;
Long-term business legal support.

Reference:

> Register to establish a business
Instructions for registering to establish a joint stock company
Instructions for registering to establish a limited liability company

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.

Practical points to review

For the topic “Procedures for registering to establish a private enterprise 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.

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Procedures for registering to establish a private enterprise in Vietnam