Tiếng Việt
中文Short answer: Individuals aged 18 and above with full civil act capacity have the right to establish enterprises. Persons under 18 may not be named as enterprise founders, even if they own separate assets. Persons aged 15 to under 18 may only enter into civil transactions appropriate to their daily needs — which does not include establishing or managing enterprises. Legal basis: Article 17 of the Law on Enterprises 2020 (amended by Law No. 76/2025/QH15); the Civil Code 2015 on civil act capacity.
Legal basis
- Law on Enterprises 2020, as amended and supplemented by Law No. 76/2025/QH15 — Article 17 (right to establish, contribute capital, purchase shares and manage enterprises);
- Civil Code 2015 — Articles 19, 20, 21 (individuals’ civil act capacity by age).
At what age can one establish an enterprise?
| Age | Civil act capacity | May establish an enterprise? |
|---|---|---|
| Under 06 | No civil act capacity | No |
| 06 to under 15 | Limited; transactions entered into by the legal representative | No |
| 15 to under 18 | Limited; may enter into transactions serving appropriate daily needs | No |
| 18 and above | Full | Yes (if not prohibited) |
Why can’t persons under 18 establish enterprises?
- Establishing and managing an enterprise requires full civil act capacity: signing contracts, bearing asset liability, fulfilling tax obligations;
- Minors receive special legal protection and should not bear business risks (including unlimited liability in private enterprises);
- Registration dossiers of persons under 18 will be refused by the business registration authority.
What can a person under 18 do to engage in business?
- Ask parents or guardians to stand as founders and managers — with clear written agreements on assets and interests (note dispute risks);
- Engage in age-appropriate labor under the Labor Code 2019;
- Wait until 18 to establish an enterprise personally;
- Persons aged 15 to under 18 may conduct small transactions for daily life, but not including establishing enterprises.
Special cases: persons lacking or restricted in civil act capacity
Persons declared by a court to be lacking civil act capacity or restricted in civil act capacity (due to mental illness, drug addiction or addiction to other stimulants leading to asset dissipation…) may not establish or manage enterprises, even at 18 or older. Persons with difficulties in cognition or behavioral control are subject to corresponding restrictions under court decisions.
Related services
M&A, Equity Transfer and Project Transfer
If you are preparing an equity transfer, M&A transaction, project transfer or restructuring, ANT Legal can help review legal risks and transaction structure.
Frequently asked questions
Can a 17-year-old be a shareholder of a joint stock company?
Not advisable. Contributing capital or purchasing shares to become a member or shareholder also requires full civil act capacity, just like establishing an enterprise.
What are the risks when parents stand as company owners for a minor child?
Yes. Legally, the parent is the lawful owner with full disposition rights; without a clear agreement, disputes easily arise when the child reaches 18 and wants to take over.
Can a foreigner under 18 establish a company in Vietnam?
No. The age condition applies generally, regardless of nationality.
Notes on applying current legal provisions
The establishment age is a condition of subject eligibility — violations lead to dossier refusal or void transactions. Families wanting minors to participate in business should design a clear legal plan from the start. Contact ANT Legal’s lawyers at 0966.475.966 for advice.
Common risks to note
- A person under 18 named in registration — dossier refused;
- Asking another person to stand in without a written agreement;
- A person with restricted civil act capacity still signing business transactions;
- Confusing “owning separate assets” with “being eligible to establish an enterprise”.
How can ANT Legal help?
ANT Legal advises on subject eligibility conditions for enterprise establishment, designs ownership plans for families with minors, drafts agreements and carries out enterprise registration procedures. For quick advice, please contact our lawyers at 0966.475.966.
Related articles
- How many enterprises can one individual establish? In Vietnam
- What is the minimum capital for registering an enterprise? In Vietnam
- Company and enterprise establishment services nationwide in Vietnam
- Procedures for registering a private enterprise in Vietnam
- Key legal notes when establishing an enterprise in Vietnam
