Regulations on business registration documents via electronic information network according to Vietnamese law

Đánh giá bài viết

A business registration application via electronic information network is approved when it meets what requirements? What are the procedures for registering a business via electronic information networks using digital signatures?

1. What is a business license in English?

A business license is a type of paper issued to businesses that conduct conditional business activities. This type of paper is usually issued after the business is granted a Business Registration Certificate.

Business license translated into English is Business license.

2. Business registration documents via electronic information network are approved when they meet which requirements?

Pursuant to the provisions of Article 43 of Decree 01/2021/ND-CP, which clearly states as follows:

Business registration documents via electronic information network

1. Business registration dossiers via electronic information network include data according to the provisions of this Decree and are presented in electronic document form. Business registration documents via electronic information network have the same legal value as paper business registration documents.

2. An electronic document is a document in the form of a data message created or digitized from a paper document and accurately and completely represents the content of the paper document. Electronic documents can be formatted as “.doc” or “.docx” or “.pdf”.

3. Business registration documents via electronic information network are approved when all of the following requirements are met:

a) Have all the documents and the contents of those documents are fully declared according to regulations like paper documents and expressed in electronic document form. The name of the electronic document must correspond to the name of the document type in the paper file. Persons authorized to sign the application for business registration, members, founding shareholders, shareholders who are foreign investors or other individuals signing the business registration application can use digital signatures to sign directly on electronic documents or sign directly on paper documents and scan paper documents according to the formats specified in Clause 2 of this Article;

b) Business registration information declared on the Portal The country of business registration must be complete and accurate according to the information in the paper documents; includes information about the applicant’s phone number and email;

c) Business registration documents via electronic information network must be authenticated by digital signature or Business registration account of the person with authority to sign the business registration request or the person authorized by the person with authority to sign the business registration request to carry out business registration procedures. In case of authorization to carry out business registration procedures, the business registration dossier must include the papers and documents specified in Article 12 of this Decree.

4. The time limit for businesses to amend and supplement business registration documents via the electronic information network is 60 days from the date the Business Registration Office issues a Notice requesting amendments and supplements to documents. After the above deadline, if no amended or supplemented dossier is received from the enterprise, the Business Registration Office will cancel the business registration dossier according to the process on the National Information System for Business Registration.

Accordingly, the business registration dossier via electronic information network is approved when all the requirements are met.

– Have all the documents and the contents of those documents are fully declared according to regulations like paper documents and expressed in electronic document form. The name of the electronic document must correspond to the name of the document type in the paper file. Persons with authority to sign documents requesting business registration, members, founding shareholders, shareholders who are foreign investors or other individuals signing the business registration documents can use digital signatures to sign directly on electronic documents or sign directly on paper documents and scan paper documents according to the formats specified in Clause 2, Article 43 of the Decree. 01/2021/ND-CP;

– Business registration information declared on the National Business Registration Portal must be complete and accurate according to the information in the paper file; includes information about the applicant’s phone number and email;

– Business registration documents via electronic information network must be authenticated by digital signature or Business registration account of the person competent to sign the business registration request or the person authorized by the person competent to sign the business registration request to carry out business registration procedures. In case of authorization to carry out business registration procedures, along with the business registration dossier, there must be papers and documents specified in Article 12 Decree 01/2021/ND-CP.

3. What are the procedures for registering a business via an electronic information network using digital signatures?

Pursuant to Article 44 of Decree 01/2021/ND-CP, which clearly states the procedure for registering a business via an electronic information network using digital signatures as follows:

Step 1: The applicant declares information, downloads electronic documents, and signs for confirmation. Complete the business registration application via the electronic information network and pay the business registration fees and charges according to the process on the National Business Registration Portal.

Step 2: After completing the submission of the business registration application, the applicant will receive a Receipt of the business registration application via the electronic information network.

Step 3:

In case the application is eligible for business registration, the Business Registration Office shall issue business registration and notify the business of the business registration.

In case the dossier does not meet the conditions for business registration, the Business Registration Office sends a notice via the electronic information network to the enterprise to request amendments and supplements to the dossier.

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