Procedures for registering the establishment of branches for companies 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.
A branch is a dependent unit of an enterprise, responsible for performing all or part of the enterprise’s functions. To establish a branch, businesses in general and Limited Liability Companies with two or more members in particular must carry out registration procedures with State agencies. This article shares in detail how to carry out the registration procedures to establish a branch for a limited liability company with two or more members.
Legal basis
Law on Enterprises 2020
Decree 01/2021/ND-CP
1. Application for registration of branch establishment
- Notification of branch registration;
- Copy of legal papers of the head of the branch;
- Copy of meeting minutes of the Board of Members on the establishment of the company branch;
- Resolutions and decisions of the Board of Members on the establishment of the public branch ty;
- Authorization document on submitting documents and receiving results of changing the legal representative and Copy of legal documents of the individual actually authorizing the authorization (In case of authorization).
2. Order and procedures for registering to establish a branch
2.1 Method of submitting documents
- Submit directly to the Business Registration Office under the Department of Planning and Investment (Business Registration Office) of the province/city where the branch operates.
- Submit documents via postal service.
- Submit documents online via electronic network at the National Business Registration Portal at the address: https://dangkylanhdoanh.gov.vn).
2.2. Order and procedures for registering a branch
Case 1. Submit the application directly to the Business Registration Office where the enterprise where the branch operates
Step 1. Submit the application
- The registrant submits the application at the one-stop department at the Business Registration Office.
- Business Registration Office The business receives the application and sends back to the submitter a Receipt of receipt of the application to establish a branch.
Step 2. Appraisal and return results
- The Business Registration Office issues the Branch Operation Registration Certificate within 03 working days from the date of receipt of the application.
- In case the application is not valid, the Business Registration Office shall 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 receipt of the application.
School Case 2. Register electronically using Business Registration Account
– Registrants submit documents using Business Registration Account to declare information, download electronic documents and 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 the registration application, the applicant will receive a receipt of the application for establishment of a branch via the electronic information network.
– The Business Registration Office issues business registration to the enterprise in case the application is eligible and notices approval for registration to establish a branch of the enterprise. 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.
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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